Re: Judgment Against Me
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Posted by Attorey's Councel
on September 20, 2001 at 03:40:08:
In Reply to: Judgment Against Me posted by Marcus on September 19, 2001 at 16:26:45:
You may be able o file a Motion To Vacate, because of improper service. A Motion To Vacate is a request to the court to withdraw a previous order or judgment it entered. It has to be based on one of the specific reasons set forth in Civil Rule 60. A Motion to Vacate may be filed in Superior Court or in a court of limited jurisdiction such as district court. Generally, a Motion To Vacate will be granted if you are able to convince the court that you did not have a fair opportunity to present your case. If you had such an opportunity, then you should not file a Motion to Vacate as it is not a way to ask the court to change its mind or reconsider the evidence or law. A Motion to Vacate is not a substitute for an appeal. An appeal, generally, must be filed within 30 days from the date a judgment or order is entered. An appeal is a request to a higher court to change the decision made by a lower court. A Motion to Vacate asks the same court to change its decision. A Motion To Vacate is a rarely granted motion. Before filing such a motion, you should make sure that you have solid legal grounds for the motion. If you file a Motion To Vacate without having a good legal reason to do so, the court may conclude your motion is frivolous and order you to pay the other side's costs, including attorney's fees. Before filing a Motion To Vacate, I woul recommend that you talk to an advocate or legal service provider. What are some of the reasons that a court would grant a Motion to Vacate? The most likely reason that you would bring a Motion To Vacate is because you did not have notice of the lawsuit or a particular hearing that was part of the lawsuit. You have a right to have had the original lawsuit served on you. If it was served on you and you responded, you are entitled to notice of all other hearings. Sometimes a lawsuit is not served on a party. It is important to check the court file and see if it includes a completed Return of Service (sometimes called an Affidavit of Service) or a Certificate of Service. If there is a Return or Service or Certificate of Service you should see what it says about how you were served. If it is not accurate you should consider how you are going to prove it is not correct. How do I make a Motion to Vacate? SUMMARY OF STEPS Step 1: Obtain the Required Forms and Documents Step 2: Complete the Forms Step 3: Talk to an Attorney, if Possible Step 4: Obtain a Judge or Commissioner's Signature / Copy Forms Step 5: File and Deliver Working Papers / Have the Other Party Served Step 6: Confirm Hearing / Attend Hearing After Your Hearing: Make yourself of copy of whatever document(s) the Commissioner or Judge signed. If the other party was not present, make a copy and mail it to the other party. All original orders signed by the Judge/Commissioner must be filed in the Clerk's office. Do not leave the courthouse with the original orders signed by the Commissioner or Judge. WARNING: The laws and court rules are complex and following these instructions will not guarantee you a favorable result. It is always a good idea to speak to a lawyer about your problem before filing your action. (You may be able to hire a lawyer for a small fee to review your completed forms and talk about your problem, but not represent you in court.)
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