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motion to vacate form?

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dperez



Joined: 02 Mar 2009
dperez's page
Posts: 3



164 Magic Points

Subject: motion to vacate form?
 
Posted on Thu Apr 23, 2009 7:14 am  

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
Mary

Mary

Joined: 06 Jul 2006
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Posts: 684



17420 Magic Points

 
Posted on Thu Apr 23, 2009 10:28 am  

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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scott

scott

Joined: 28 Jun 2006
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Posts: 446



10890 Magic Points

 
Posted on Thu Apr 23, 2009 10:35 am  

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

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Ashley
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Subject: Motion To Vacate, Civl Limited Case
 
Posted on Thu Oct 29, 2009 6:00 am  

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.
malko odishoo
Guest






Subject: motion to vacate judgment
 
Posted on Tue Feb 09, 2010 3:19 am  

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
Aaron

Aaron

Joined: 08 Feb 2010
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Posts: 2632



48565 Magic Points

Subject: motion to vacate judgment
 
Posted on Thu Feb 11, 2010 7:51 am  

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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james brand
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Subject: moition to vacate
 
Posted on Thu Apr 15, 2010 9:59 pm  

tax default property
Aaron

Aaron

Joined: 08 Feb 2010
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48565 Magic Points

Subject: motion to vacate
 
Posted on Fri Apr 16, 2010 9:52 am  

Hi James,

Can you be clear on what exactly you need to know? Can you give more details on your situation?

Thanks,

Aaron
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Jason Withrow
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Subject: How to remedy this judgement?
 
Posted on Sat Mar 05, 2011 9:47 pm  

There was a default judgment rendered against me in RI 6th district small claims court. I did not show up because an agreement was reached before the court date and the plaintiffs’ attorney confirmed that it was resolved. The plaintiffs’ attorney then "forgot" to inform the court that the dispute had been resolved therefore the court entered a default judgment against me in the matter.

I just found out about this in November of 2010 when it suddenly appeared on my credit reports. I immediately contacted the plaintiff attorney whom filed an affidavit with the 6th districts clerk stating that the judgment was rendered in error and that payment had been provided before the court date.

The Credit reporting agencies (Equifax, Experian and Trans Union) refuse to remove the judgment from my credit report. The court clerk won't let me file a motion to vacate on grounds 60B because the 1 year time period to file has expired. I try to explain that I just found out, but it doesn't seem to matter. Clerk recommended that I dispute with CRA's and inform them of the affidavit of erroneous judgment that is on record. I have done so, but the CRA's still keep reaffirming the judgment which is tanking my credit and effecting my interest rates.

What can I do to resolve this? I am getting very frustrated by the total lack of intelligence and common sense in play here.
Radha
Guest






Subject: serving 3 months notice to the landlord because of increase
 
Posted on Fri Nov 04, 2011 6:39 am  

This is to inform you that we wish to vacate the premises and this may be treated as advance notice of 3months in prior as mentioned in our agreement.

Please arrange to refund the amount on or before our move and the Cause of vacating: is due to the rent hike is unacceptable for the premises more than what we are paying at present.
Terri
Guest






Subject: judgment rendered against me
 
Posted on Sat Dec 17, 2011 12:31 am  

I received a letter stating a judgment has been rendered against me by the court and a balance is now due. They want to attach to my non-exempt wages. please help. what do i do?
sdchargers_63

sdchargers_63

Joined: 13 Aug 2007
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Posts: 1883



1901 Magic Points

Subject: credit
 
Posted on Tue Dec 27, 2011 9:36 pm  

Terri-.......what's the judgement for? What kid of debt? Usually letters like that are sent 'certified mail'. Was it? Just trying to get a bit of background on your situation is all.

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