I tried to file a Motion to Vacate on a judgement in a civil case against me in CA and the clerk said I had the wrong form. What form should I be using? This is for a credit card judgment and I was not served properly.
4 Answers from Attorneys
Did you use a Court form? There is no court form for this. You would need to get what the motion looks like from the law library or other legal source.
It sounds like you need to file a motion for relief from the default and from the judgment. There is no standard form for such a motion. Each one has to be prepared so as to explain why the defendant did not answer and why it is appropriate to grant relief. You will only have one chance to do this, and few laypeople are able to prepare such a motion correctly. You should hire a lawyer to do it for you if at all possible.
There is no court form. You will need to file a motion to vacate, and there are specific requirements for the motion. You'll need to find a lawyer to help you or go to the law library and try to figure it out yourself.
The only court form that I know of is for small claims. You need to speak to an attorney at lenght or repost and provide more information.