Motion to Vacate a Judgment
Written by: Kristy Welsh
This is a sample motion to vacate a judgment.
The following is a sample motion to vacate a judgment. Before using it, make sure you read our article on Vacating a Judgment.
We have other sample letters to handle a variety of credit situations. Here is the list.
IN THE SUPERIOR COURT OF THE STATE OF [YOUR STATE]
[The Original Plaintiff] Plaintiff,
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)
Defendant(s) Name (Print)
I, [my name], declare as follows:
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].
Print or Type Name