I'm told that it's to be a simple letter -- sounding like Common John Know-Nothing. We are trying to get a judgment that wasn't to be a judgment removed. (Attorney's name and CA's name are blanked for obvious reasons) Re: XXXXXXX Honorable Judge of the Court of Small Claims: Take pity on us we pray and hear our request for a motion to set aside our judgment. Our procedural defense for the relief we seek is that upon receiving the court summons, we contacted our attorney XXXX XXXXX. It is our understanding that Mr. XXXXX contacted CA and informed them that this debt was included in our Chapter 7 bankruptcy. Mr. XXXXX was informed by the CA that they would contact the court and that a stay was or would be issued. We now find it listed as a judgment on our credit file. Mr. XXXXX stated that weâ??d have to reopen the bankruptcy and we donâ??t have the money to do that. We contacted CA and they informed us that they have no record of receiving a judgment on it. We respectfully ask for you to grant our motion to set this judgment aside. Sincerely xxxxxxx tia!
There has to be a motion before the court before they can act on your motion. Get the facts first then prepare your motion to vacate if you have grounds to do so. You havent even given the court a docket or file number so they can look it up and see what you are talking about. This is doomed from the start.
Re: Re: Critique my letter to judge? KayKay, I phoned the court and they said just write the judge a letter. From what I've been reading in the code, there's a difference between vacate (dismiss and possibly rehear the case) vs void the judgment althogether (code gave one reason that there was a procedural defense or that it's already be satisfied/paid). I could have my attorney draft it but I beleive the idea is for it not to sound overly legalized/educated.
Re: Re: Critique my letter to judge? I'd say this letter is nothing like Common John Know-Nothing. If you wanna play damm, use layman language, hehehe Bad-Credit-Advisor.com
