I live in Washington state, and I'm worried about the collection agency that served me the papers since I still owe some things with them, but have to work month by month to pay everything in collections. They were also once garnishing my wages
@anca21bi wrote:I live in Washington state, and I'm worried about the collection agency that served me the papers since I still owe some things with them, but have to work month by month to pay everything in collections. They were also once garnishing my wages
I've not been able to find anything that states you can NOT file on your own behalf (AKA, without a lawyer). But I DID find this:
http://www.courts.wa.gov/forms/?fa=forms.contribute&formID=60
Download the version/file format you need (Word format or PDF) of the Dismissal form, take it to the originating court (the one you were sued in -- if you don't file it in the right court, it won't get heard, or ruled on) and fill it out in front of the Clerk of the Court. They will more than likely need to notarize it or witness/sign it.
(NOTE: you may NEED to send/take the motion form to the plaintiff who sued you and ask them to submit it -- I can't tell!!!)
IF you can file (and don't have to rely on the other side filing for you), from there, more than likely, you'll be directed to serve the opposing party. Depending on the requirements of proper service (the same basis you're filing for), you may need to hire a process server or for mailing via certified mail. The CoC should be able to direct you on that.
I can't be sure, but it seems you may have to be prepared to pay approximately $200 in filing fees. I dunno. :/
@Anonymous wrote:
@anca21bi wrote:I've been reading the past forums and wanted to know your input.I called my local courthouse about getting information about a Motion to Vacate a judgement I paid off last year this was a total of $587, and the lady thought I was crazy. She said I wouldn't be able to do such without a lawyer. She said I would have to tell or send the collection agency a letter (probably a PFD) to get it removed.Is all this true?
Chances are, that means you do not live in a "Self-help" friendly state. Not all states will allow you to file motions on your own behalf in non-small claims court matters.
What state are you in?? I can see what I can find!
A lot of Clerk of Court offices are reluctant to help individuals file their own motions/pleadings etc. Most are so used to dealing with attorneys that IMO they believe individuals are incompetent to represent themselves in court. While this may be true in a lot of cases, a Motion to Vacate Judgment is a relatively simple pleading. I have found that it is a lot easier to get assistance if you can visit your Clerk of Court in person. Be as nice as you can, because the folks that work in the Clerk's office are in most cases extremely underpaid and definitely overworked. If you appear in person and explain your situation (wanting to get your credit straightened out because you are trying to buy a house, etc...) most often they will bend over backwards to help you out.
One other thing to remember, we pay taxes which in turn pays their salaries. If you get in a situation where the "clerk" or "deputy clerk" can not or will not assist you....you can always ask to speak with the Clerk of Court. Also, sometimes a judge will have a "court adminstrator", that may be another alternative source of assistance.