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dperez
Joined: 02 Mar 2009
dperez's page
Posts: 3
136 Magic Points
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Subject: motion to vacate form?
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Thu Apr 23, 2009 7:14 am
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How to fill-out a motion to vacate form? received a letter from a collection agency lawyer last week. April. 17th. 09'. stating that they have gotten a default judgment against me. from a 'bank of America' old credit card debt that was written off. i sent a letter of debt validation letter that was never answered or responded to. i was never properly served with a summons directly handed to me, so there is no proof of service. i need to know how to respond and properly fill out a "motion to vacate judgment form. can your forum help me with this. are there any sample letters out there.
kind regards,
dperez
4.23.09
12:12 a.m |
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Mary
Joined: 06 Jul 2006
Mary's page
Posts: 730
17417 Magic Points
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Thu Apr 23, 2009 10:28 am
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In order to file a motion to vacate a judgment, you need to get the "Notice of Motion to Vacate Judgment" form, fill it up and deposit it with the court from where you have received the judgment. You may be required to pay a fee for filing the form. If it is a motion to vacate a default judgment, you need to mention the reason why you did not appear before the court. Moreover, if you have not received a summon, you need to mention that in the form itself.
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Where there's a will, there's a way !! |
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scott
Joined: 28 Jun 2006
scott's page
Posts: 462
10934 Magic Points
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Thu Apr 23, 2009 10:35 am
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Hi dperez
There are no sample letters to help you how to file a motion to vacate a judgment. You need to visit the court and collect the form from the clerk's office and fill it up. However you can visit the link and find a form required to be filled up in order to vacate a judgment. "http://dca.lacounty.gov/SCForms/Notice%20Of%20Motion%20To%20Vacate%20 Judgment%20And%20Declaration%20(Small%20Claims)%20%7BSC-135%7D.pdf"
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SCOTT
Use your credit account responsibly and enjoy a debt free life. |
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Ashley
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Subject: Motion To Vacate, Civl Limited Case
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Thu Oct 29, 2009 6:00 am
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| Hi. There was a default judgment entered against me a few days before my hearing was scheduled. I never got to plead my case. I have the motion to vacate form, but it's for small claims. My case was in civil limited, and I was told I cant use the small claims forms. What can I do? I can't afford a lawyer or a paralegal to draw up the forms. Please help. |
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malko odishoo
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Subject: motion to vacate judgment
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Tue Feb 09, 2010 3:19 am
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A judgment was enter agaist me ten days ago, I was never served in person they put a letter under my door, I need the necessary forms and instructions , how to file a Motion to vacate the judgement
thank you
malko odishoo |
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Aaron
Joined: 08 Feb 2010
Aaron's page
Posts: 446
8407 Magic Points
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Subject: motion to vacate judgment
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Thu Feb 11, 2010 7:51 am
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Hi Malko,
What you need to do is, go to the court where the judgment was filed and request the clerk there to provide you with the "order to show cause". You can then fill the form stating the reason for wanting to vacate the judgment. There are various sample letters of vacating a judgment available in various website.
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