Motion to vacate 2025

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The document is a legal motion filed by the Defendant requesting the court to vacate a default judgment, quash a subpoena for document production, dismiss a writ of garnishment served on their employer, and allow the Defendant to file an answer to the original complaint. The motion argues that the Defendant's failure to respond was due to mistake and reliance on a debt settlement company during ongoing negotiations with the Plaintiff.

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What does it mean if a case has been vacated?

0:17 3:04 And need to be cancelled. This can happen for several reasons such as significant errors in theMoreAnd need to be cancelled. This can happen for several reasons such as significant errors in the original. Decision or if the conviction was obtained through unconstitutional.

What are the reasons for motion to vacate?

Motion To Vacate Under PC 1018 You were unaware of the consequences of your plea. You didnt have an attorney when you made the plea. Your trial lawyer was incompetent. Someone coerced you into entering your plea.

What is the motion to vacate rule?

A motion to vacate judgment under Code of Civil Procedure section 663 must be heard and determined by the judge who presided at the trial; provided, however, that in case of the inability or death of such judge or if at the time noticed for the hearing thereon he is absent from the county where the trial was had, the

What is the meaning of motion to vacate?

If you missed your small claims hearing, you can file a Motion to Vacate. A Motion to Vacate is a request that the court cancel the small claims court judgment entered against you.

What happens after the motion to vacate?

If the judge grants your motion to vacate, the case will begin again. You can then appear in court and assert whatever defense you have to the plaintiffs claims.

motion to vacate judgment

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What does motion vacated mean?

A motion to vacate (and set aside) judgment essentially asks the court to erase or correct its prior decision (judgment). Under California law, when you vacate judgment, it will be officially wiped off your record.

Motion to vacate 2025

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What does motion vacated mean?

motion vacate judgment

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