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 REFERNECE NUMBER>


MOTION AND DECLARATION TO VACATE JUDGMENT 

NOW COMES the Plaintiff, Pro Se and prays this Honorable Court to Deny the Defendant's 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 weren't 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 state's 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].
		
							


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						Print or Type Name