8/6/2019 Vacate a Judgement July 2007

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The following is a sample motion to vacate a judgment. Before using i t, make sure you read ourinformation here .

Sample Motion to Vacate

IN THE SUPERIOR COURT OF THE STATE OF [YOUR STATE]IN AND FOR THE COUNTY OF [YOUR COUNTY]

[The Original Plaintiff] Plaintiff,

vs.

[YOU] ,

Defendant.

No. [COURT REFERENCE NUMBER]

MOTION AND DECLARATION TO VACATE JUDGMENT

NOW COMES the Plaintiff, Pro Se and prays this Honorable Court to Denythe Defendant's Motion to Dismiss and Motion for Sanction for thefollowing reasons:

1. Relief requested. The defendant(s) move(s) the court for an order vacatingthe 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 followinggrounds: (Enter your reasons: you weren't properly served, the judgment wasentered 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:

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8/6/2019 Vacate a Judgement July 2007

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1. I am the defendant in this unlawful detainer action.2. I request that the judgment entered in this action be vacated for thefollowing 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 state's usury interestlimits

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