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    trips4ever's Avatar
    trips4ever Posts: 1, Reputation: 1
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    #1

    Feb 18, 2011, 01:47 PM
    Need help with format to file a motion to vacate in a civil case..
    I am having to file a motion to vacate in Calif for a civil suit against me in a case that originally had the file destroyed.. A 'bottom-feeding' collection agency has re-newed a writ of execution for money judgement on a case from 14 yrs ago. What is the format I use for the motion to vacate?
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Feb 18, 2011, 01:52 PM

    Its worth paying a lawyer to do it... for the few bucks you will pay.. you will be more certain its properly filled out and directed to the right people. Rather than waste time to find out you made an error and it wasn't accepted.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Feb 18, 2011, 02:37 PM
    Quote Originally Posted by trips4ever View Post
    I am having to file a motion to vacate in Calif for a civil suit against me in a case that originally had the file destroyed.. A 'bottom-feeding' collection agency has re-newed a writ of execution for money judgement on a case from 14 yrs ago. What is the format I use for the motion to vacate?
    That sounds interesting. How did the court's file get destroyed? And how do they go about recreating it?

    The issue of the destroyed file aside, what is your argument for vacation the renewed writ of execution?

    And as far as the format is concerned, simply copy the caption from the top of the form they use, entitle it something like "Motion to Vacate Renewed Writ of Execution", and say that "Defendant (type your name) moves to vacate .... ." Explain why you believe the writ should be vacated, sign and date it. File it along with an affidavit containing the facts you are relying upon, an order for the judge's signature, and proof of service of all these things upon the plaintiff's counsel.
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