How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds
Ask a Bankruptcy Law question
Type Your Bankruptcy Law Question Here...
characters left:
2 Bankruptcy Lawyers are Online Now

Motion to Vacate

In the court system there are times when an individual may feel that they have not had a chance to present their case to the court, and after the judgment has been handed down they feel as if they had been able to present their case the judgment would not have turned out the way it did. In times like these it may be possible for the individual to file a motion to vacate. What exactly is a motion to vacate? How does a person go about filing a motion to vacate? Below are common questions asked regarding motions to vacate that have been answered by the Experts.

What is a motion to vacate?

A motion to vacate is an application to a court to take back a judgment or an order that had been previously handed down by the court. An individual may file a motion to vacate in a court that has a limited jurisdiction such as a district court; a motion to vacate may also be filed in Superior court. The motion to vacate must have a basis in one of the specific reasons that have been laid out in the Civil Rule 60. An individual must be able to prove that they did not have a chance to present their case to the court, in order to be granted a motion to vacate. If a person has had the chance to present their case they should not file a motion to vacate, they should be filing an appeal. There is a difference between a motion to vacate and an appeal. An appeal is made to a higher court to overturn the judgment made by the lower court, where a motion to vacate is made to the same court that handed down the ruling. Motions to vacate are not usually handed down, so the individual had better be sure that their motion is a solid one, because if the court feels that the motions to vacate is trivial, it may order that the individual pay all of the court costs.

What are possible grounds for a motion to vacate foreclosure sale?

It is possible to file a motion to vacate a foreclosure sale if the mortgage company did not properly serve the defendant. It would be a motion to vacate for lack of service, the lender then has the burden of proving that they did indeed serve the individual.

How to file a motion to vacate?

If an individual needs to file a motion to vacate there are several steps that they need to follow in order to accomplish filing a motion to vacate. To get started an individual is going to need to get in order several documents that they are going to need to fill out. These forms in no particular order are a declaration form, on order to show cause, order on motion to vacate judgment, motion for order to show cause in regards to vacation of judgment, a copy of the order that they are attempting to have vacated, and an affidavit of service. An individual may retain a lawyer who would be able to help in securing these documents, along with in filling them out. A judge’s signature will need to also be obtained. Then the other party will be served, and if the motion to vacate is approved a hearing date will be set, which the individual will need to attend. There may also be additional documents pertaining to the reasoning for the motion to vacate that may need to file along with the above mentioned forms.

A motion to vacate is a filing used in the court systems when an individual feel that their case was not presented. Motions to vacate are used in several cases, for example there is a motion to vacate dismissal, motion to vacate judgment, motion to vacate foreclosure sale, and motion to vacate plea just to name a few. An individual may need to retain a lawyer when pursuing a motion to vacate, but find out answers to their questions it may be in their best interest to ask an Expert first.
Ask a Bankruptcy Law question
Type Your Bankruptcy Law Question Here...
characters left:
2 Bankruptcy Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Ron

    ASE Certified Technician

    Satisfied Customers:

    21119
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
< Last | Next >
  • http://ww2.justanswer.com/uploads/FO/fordguy4u/2011-12-17_222940_HPIM1257.64x64.JPG Ron's Avatar

    Ron

    ASE Certified Technician

    Satisfied Customers:

    21119
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
  • http://ww2.justanswer.com/uploads/lyeung1/2010-07-25_032152_tn_IMG_0241.JPG Dr. Y.'s Avatar

    Dr. Y.

    Urologist

    Satisfied Customers:

    18367
    I am fellowship trained specializing in general urology and reconstructive urology.
  • http://ww2.justanswer.com/uploads/docjohn174/2008-12-13_170143_johnask.jpg John's Avatar

    John

    Home Appliance Technician

    Satisfied Customers:

    13453
    Appliance repair business owner for over 43 years.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8472
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/dermdoc19/2010-09-30_160749_Photo_122807_015.JPG dermdoc19's Avatar

    dermdoc19

    Dermatologist

    Satisfied Customers:

    3827
    30 years practice in general and cosmetic dermatology
  • http://ww2.justanswer.com/uploads/BI/birddoctor/2012-6-22_173214_birddoctor.64x64.png Dr. Pat's Avatar

    Dr. Pat

    Bird Veterinarian

    Satisfied Customers:

    3383
    25+ years working primarily or exclusively with birds
  • http://ww2.justanswer.com/uploads/RY/rydergar/2012-6-6_192240_IMG0328.64x64.JPG Dr. Gary's Avatar

    Dr. Gary

    Cat Veterinarian

    Satisfied Customers:

    3291
    DVM, Emergency Veterinarian, BS (Physiology)