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InformationForYou, Attorney
Category: Legal
Satisfied Customers: 1955
Experience:  18 yrs trial attorney, professor of criminal law and ethics
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need Georgia form motion to vacate and set aside judgement

Customer Question

I won sm claims case, defendant appealed, I missed court date due to not receiving notice. Received Final order of default judgement against me. Need to file motion to vacate and set aside judgement to get new date in court. This case was in state court of georgia in cherokee county. Thank you.
Submitted: 6 years ago.
Category: Legal
Expert:  InformationForYou replied 6 years ago.
Here is a draft of one. You will need to fill in the specifics related to your case:

http://www.scribd.com/doc/3973005/Sample-Motion-to-Vacate

Please hit accept to give me credit for responding.
Customer: replied 6 years ago.

Thanks for the quick reply. I am not the plaintiff in the appeal; I am the defendant and pro se. I don't want to ask the court to set aside/dismiss the defendant's motion because that's me.

 

I need a form that asks to vacate the default judgement against me and give me a chance to defend the appeal again. Does this make sense? The appellate judge's law clerk told me I needed a Motion to Vacate and Set Aside Judgement filed.

 

Thanks,

Beverly

Expert:  InformationForYou replied 6 years ago.
It doesn't matter if you're the plaintiff or defendant. If you're the one who had an order entered against you as a result of service being improper, you are the one to file the motion (as the defendant, pro se).

Please hit accept to give me credit for responding. Thanks.
InformationForYou, Attorney
Category: Legal
Satisfied Customers: 1955
Experience: 18 yrs trial attorney, professor of criminal law and ethics
InformationForYou and 2 other Legal Specialists are ready to help you
Customer: replied 6 years ago.

Thanks for the help. I will credit your account. I thought I needed a form asking the court to vacate the judgement against me. The phrase, "now comes the plaintiff, pro se" threw me. I'll just fill in my defendant info and file it with the court. The plaintiff has an attorney and I am pro se.

 

Thanks again,

Beverly Embarassedtitle="Embarassed" width="18" height="18"/>

Expert:  InformationForYou replied 6 years ago.
Yes, just fill in defendant rather than plaintiff. (You're - the defendant - the moving party). Good luck!

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18 yrs trial attorney, professor of criminal law and ethics