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Contributor
diabla
Posts: 230
Registered: ‎10-01-2012

Re: Can I file my own Motion to Vacate a judgment?


igids1 wrote:
I would leave it up to the lawyers if you really want it off. Many states have a 1-3 year statute for motion to vacate based on errors, which appears to be your reason. In my experience, the courts are far more lenient when the plaintiffs attorney is filing the motion

I'd better see if I can find out about any statutes.  My BK lawyer didn't mention it, and I wonder if I paid him $350 and then he couldn't get it vacated - I doubt that I'd get a refund, because apparently the court charges $150 for the filing.  The other $200 is probably his fee for his time.

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IndianaJane
Posts: 14
Registered: ‎10-14-2012

Re: Can I file my own Motion to Vacate a judgment?

[ Edited ]

I was an attorney before disability stopped me from practicing law. 

 

One word of advice -- if this attorney will do that for $350, pay him and do a happy dance. I'd have charged much more. The jurisdiction you're in might have a local judge like our's who HATED pro se litigants, would humiliate them, then tell them he'd render judgment then but he'd give them got me to go get an attorney. The clerks office cannot give you good legal advice, but they can let you know how the local judge feels about it. If you want to proceed on your own, PM me and I'll give you some pointers (not legal advice!). 


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diabla
Posts: 230
Registered: ‎10-01-2012

Re: Can I file my own Motion to Vacate a judgment?


IndianaJane wrote:

I was an attorney before disability stopped me from practicing law. 

 

One word of advice -- if this attorney will do that for $350, pay him and do a happy dance. I'd have charged much more. The jurisdiction you're in might have a local judge like our's who HATED pro se litigants, would humiliate them, then tell them he'd render judgment then but he'd give them got me to go get an attorney. The clerks office cannot give you good legal advice, but they can let you know how the local judge feels about it. If you want to proceed on your own, PM me and I'll give you some pointers (not legal advice!). 


Thanks, I'll keep that in mind.  I'll call the clerk's office tomorrow and see what I can find out about this judge, and also google him!  Your experience sounds horrible, sounds like a judge that needed to be recalled!  I'm going to take my shot with the $20 though.  If it were a bigger judgment that wasn't in BK and wasn't about to drop off my reports next year anyway, I might find it worth the $350.  But for this, I look at the $20 as a lottery ticket - if I lose, its just $20!  Oh, I'll PM you for the pointers though, thanks!

Contributor
diabla
Posts: 230
Registered: ‎10-01-2012

Re: Can I file my own Motion to Vacate a judgment?

So far so good, I went about 7 pages deep into the google results and haven't found any nasty blogs or posts about this judge.  I actually found a few posts where other attorneys were praising him for being fair and analytical.  He appears to handle DUI cases mostly, don't know why he's doing motions?  Maybe they all have to rotate doing a bunch of these every morning?

Member
IndianaJane
Posts: 14
Registered: ‎10-14-2012

Re: Can I file my own Motion to Vacate a judgment?

All judges have a motions calendar, and most hear a variety of cases, though in larger jurisdictions they might have smaller, more particular types of cases to hear. People can and do win pre se cases everyday, so I wish you the best of luck. If you have included that creditor in your bankruptcy, you should win. If not, then it depends. If you'd like me to talk to you about any of the particulars, I'd be happy to. Good luck!


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diabla
Posts: 230
Registered: ‎10-01-2012

Re: Can I file my own Motion to Vacate a judgment?

Just got back from court, it went quickly and smoothly!  Well worth the $20! LOL   The plaintiff's lawyer did show up but probably just to get out of the office, lol.  We met in the hallway and he basically said fine, whatever, and we signed off on it before the judge even called my name.  Then we went up and agreed again and I was out the door in less than 25 minutes.  That certainly made it easier by having him there to agree.

 

Now I'm going to fax the copies to the CRA and see how quickly I can get it removed.  What a relief.

Contributor
diabla
Posts: 230
Registered: ‎10-01-2012

Re: Can I file my own Motion to Vacate a judgment?

Faxed the court docs to the CRAs yesterday, this morning my EQ reads, "You have no judgments on file".  Woohoo!  I faxed them other things too, so I hope they delete those just as quickly.  

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Re: Can I file my own Motion to Vacate a judgment?

Congrats!!!!   Way to go!!!!!


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