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    Sample Motion To Vacate

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    barbara3721
    This document provides a template for filing a motion to vacate a judgment. The motion requests that the court vacate the previous judgment entered in the case and stay enforcement of the writ of restitution until the motion can be heard. It includes sections for stating the facts and issues, with space to enter the reasons for vacating the judgment, such as not being properly served or the judgment being entered after the proper paperwork was filed. The declaration section requires the defendant to certify under penalty of perjury the reasons for requesting that the judgment be vacated, such as the collection agency not providing proof of the debt.

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    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd

    Sample Motion To Vacate

    Uploaded by

    barbara3721
    212 views2 pages
    This document provides a template for filing a motion to vacate a judgment. The motion requests that the court vacate the previous judgment entered in the case and stay enforcement of the writ of restitution until the motion can be heard. It includes sections for stating the facts and issues, with space to enter the reasons for vacating the judgment, such as not being properly served or the judgment being entered after the proper paperwork was filed. The declaration section requires the defendant to certify under penalty of perjury the reasons for requesting that the judgment be vacated, such as the collection agency not providing proof of the debt.

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    Sample Motion to Vacate (1).doc

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    This document provides a template for filing a motion to vacate a judgment. The motion requests that the court vacate the previous judgment entered in the case and stay enforcement of the writ of restitution until the motion can be heard. It includes sections for stating the facts and issues, with space to enter the reasons for vacating the judgment, such as not being properly served or the judgment being entered after the proper paperwork was filed. The declaration section requires the defendant to certify under penalty of perjury the reasons for requesting that the judgment be vacated, such as the collection agency not providing proof of the debt.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    212 views2 pages

    Sample Motion To Vacate

    Uploaded by

    barbara3721
    This document provides a template for filing a motion to vacate a judgment. The motion requests that the court vacate the previous judgment entered in the case and stay enforcement of the writ of restitution until the motion can be heard. It includes sections for stating the facts and issues, with space to enter the reasons for vacating the judgment, such as not being properly served or the judgment being entered after the proper paperwork was filed. The declaration section requires the defendant to certify under penalty of perjury the reasons for requesting that the judgment be vacated, such as the collection agency not providing proof of the debt.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 2

    Sample Motion to Vacate

    If you are filing a motion to vacate a judgment, here is a good template to use.
    IN THE SUPERIOR COURT OF THE STATE OF <YOUR STATE>
    IN AND FOR THE COUNTY OF <YOUR COUNTY>
    MIDLAND CREDIT MANAGEMENT
    Plaintiff
    Vs.
    <Your Name>
    Defendant(s)

    )
    )
    )
    )
    )
    )

    Case No._____________________
    MOTION AND DECLARATION,
    TO VACATE JUDGMENT

    NOW COMES the Plaintiff, Pro Se and prays this Honorable Court to Deny the
    Defendants Motion to Dismiss and Motion for Sanction for the following reasons:
    1. Relief requested. The defendant(s) move(s) the court for an order vacating the
    judgment entered in this action and staying enforcement of the writ of restitution
    until the motion can be heard.
    2. Statement of facts and issues. This motion is based on the following grounds:
    <Enter your reasons: you werent properly served, the judgment was entered even
    though you filed the right paperwork>
    Dated:

    ______________________________
    Defendant(s) (Signature)
    Defendant(s) Name (Print)
    Address
    Telephone Number

    DECLARATION
    I, <my name>, declare as follows:
    1. I am the defendant in this unlawful detainer action.
    2. I request that the judgment entered in this action be vacated for the
    following reasons:
    < Give your reasons: A) the collection agency never responded to my request for
    validation, therefore never giving any proof that the debt was mine under the
    FDCPA. B) The amount of the debt exceeded the states usury interest limits>
    I certify under penalty of perjury under the laws of the state of <YOUR STATE>
    that the foregoing statement is true.
    Signed in

    [CITY], [STATE] on

    [DATE].

    __________________________________
    Signature
    Print or Type Name

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