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    floydscovergirl's Avatar
    floydscovergirl Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Sep 17, 2011, 06:04 AM
    Filing a motion to have judgement set a side
    I need to know ow to file a motion to have a judgement set aside for false fact
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Sep 17, 2011, 06:28 AM
    Just because the information on the judgement is wrong is not a reason to set aside the judgement. That info is or was to be presented at the hearing.

    So why did you not go to the hearing and present your evidence to the facts being wrong ?

    You will have to prove that you were never served notice of the hearing or that the SOL of the debt had ran out.

    This is assuming you did not show up and they got a judgement without you there. If you showed up and just lost, there is little you can do if you were not prepared to defend yourself
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Sep 17, 2011, 06:29 AM
    First, Any question on law needs to include a general locale as laws vary by area.

    Also it will help to know what level of court the judgment was handed down. Some courts are less formal than others.

    But generally, if you are protesting a judgment because false evidence or testimony was used to make the decision, then you would file an appeal to a higher court.
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