Motion to Vacate Pack
We have a package of materials designed to help people move to vacate or set aside judgments against them. To know whether this product will work for you, you first need to know how long you have to bring the motion and when the clock starts ticking. This can vary by jurisdiction, so you must find out for your own state. In Missouri, the clock starts ticking when the judgment becomes final, and you have a year at the most to bring your motion. (And, further, it must be within a “reasonable” time after the judgment, so the sooner the better very definitely.) In New York, you also have a year, but the clock may only start ticking when you receive notice of the judgment.
You must know exactly what rule applies to you, and exactly how much time you have.
And this product will NOT apply to a motion to vacate brought because you were never served or for some other reason the court rendering judgment did not have jurisdiction over your person. Those motions would depend on state rules and would involve some degree of proof of lack of jurisdiction, but no defense would be needed, as you are arguing the court completely lacked the power to render any judgment at all. Our motion to vacate pack would not necessarily help you with that, although membership with us probably would.
The Motion to Vacate or Set Aside Default Judgment Packet consists of 9 Documents:
Two Sample Motions
An “annotated” Motion – to be used as a model for cutting and pasting
A Sample Affidavit
Sample Memorandum in Support
- Sample Proposed Answer and Counterclaim
- Case law notes
- Report on Default Judgments and Motions to Vacate.
Although this is not “cut and paste” you will find this document, along with the directions, just what you need to file your Motion to Vacate and to get started defending yourself so you can keep the debt collectors from garnishing your wages or raiding your bank account.