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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111568
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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HOW DO I FILE TO HAVE EX PARTE LIFTED IN A EVICTION CASE THE

Customer Question

HOW DO I FILE TO HAVE EX PARTE LIFTED IN A EVICTION CASE THE COURT DID A EX PART ON A BANKRUPTCY COURT FILING .TO HAVE THE WRIT OF POSSESSION SERVED. THE ORDER OF DISMISSING OF THE CASE IN BANKRUPTCY COURT HAS BEEN ORDERED
Submitted: 2 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you have the order dismissing the Bankruptcy case, you would attach that to a motion to vacate ex parte order and the form for this is on the blank CA pleading form (see: http://saclaw.org/uploads/sacramentopleadingweb.doc). It is titled Notice of Motion and Motion to Vacate Ex Parte Order. You would explain the date of the ex parte and the reason for the order and then you need to ask the court to vacate the order based on the fact the bankruptcy case was vacated/dismissed and attach a copy of that dismissal with the original stamp from the bankruptcy court.
Customer: replied 2 months ago.
YOU DID NOT ANSWER MY QUESTION THERE IS NOT FORM TO FILE FOR A MOTION TO VACATE
Expert:  Law Educator, Esq. replied 2 months ago.
I DID ANSWER YOUR QUESTION.
THERE IS NO SUCH FORM TO FILE, IF YOU ARE PLAYING YOUR OWN ATTORNEY, THEN AS YOUR OWN ATTORNEY YOU HAVE TO WRITE YOUR OWN MOTION ON A BLANK FORM. I GAVE YOU THE LINK TO THE BLANK PLEADING FORM FOR YOU TO DRAFT YOUR OWN MOTION, SO NOW YOU HAVE TO OPEN THAT LINK, TYPE "NOTICE MOTION TO VACATE EX PARTE ORDER" THEN IN THE MOTION YOU NEED TO EXPLAIN JUST WHAT I SAID ABOVE.

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