Maricopa County Justice Courts, Motion to Set Aside / Vacate Judgment Completed Form Examples and Samples
View a filled-out example of the Maricopa County Justice Courts Motion to Set Aside / Vacate Judgment. This sample provides a clear template for drafting your own motion, showing how to properly state reasons, assert a defense, and reference evidence to challenge a default judgment.
Maricopa County Justice Courts, Motion to Set Aside Judgment Example
How this form was filled:
A detailed example of a Motion to Set Aside a default judgment in Maricopa County Justice Court. This sample shows a defendant, Jane Smith, arguing that she was never properly served with the lawsuit, making the judgment void. It includes key details like the case number, dates, and the legal basis for the motion.
Information used to fill out the document:
- Plaintiff Name: Phoenix Collections LLC
- Plaintiff Address: 123 Creditor Way, Phoenix, AZ 85007
- Defendant Name: Jane Smith
- Defendant Address: 456 Tenant Ave, Mesa, AZ 85201
- Filing Party: Jane Smith (Defendant, Pro Per)
- Justice Court Precinct: Highland Justice Court
- Case Number: CC2025-123456
- Date of Judgment: December 5, 2025
- Date Motion Filed: January 15, 2026
- Reason for Motion: The default judgment should be set aside because the Defendant was never served with the Summons and Complaint. The Defendant only learned of the lawsuit after her wages were garnished. The Affidavit of Service filed with the court is incorrect and lists an old address.
- Legal Basis for Motion: Arizona Rules of Civil Procedure, Rule 60(b)(1) for excusable neglect/surprise and Rule 60(b)(4) because the judgment is void due to lack of personal jurisdiction from improper service.
- Meritorious Defense: The underlying claim is barred by the applicable statute of limitations.
- Supporting Evidence Mentioned: A copy of the Defendant's lease agreement showing residence at a different address at the time of alleged service will be attached as Exhibit A.
What this filled form sample shows:
- Clearly identifies the parties, case number, and court precinct.
- States a specific and valid legal reason for setting aside the judgment (improper service).
- Includes the date of the judgment being challenged and the date of filing.
- Asserts a meritorious defense to the original claim, a required element for the motion.
- References supporting documentation to be attached to the motion as an exhibit.
Form specifications and details:
| Form Name: | Motion to Set Aside / Vacate Judgment |
| Jurisdiction: | Maricopa County Justice Courts, Arizona |
| Use Case: | Setting aside a default judgment due to improper service of process. |
| Filing Party Role: | Defendant (Self-Represented / Pro Per) |
Created: March 07, 2026 01:01 AM
