Motion to Set Aside Judgment template

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Motion to Set Aside Judgment template Powered By Docstoc
					 1   (Your name here)
     (Your address here)

 2   In propria persona


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         IN THE (courts name here) COURT OF THE STATE OF (your state name here)
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                      IN AND FOR THE COUNTY OF (county the court is in here)
 5    (Plaintiffs name here),                                   Case Number # (case number here)

 6                     Plaintiff,                                  Motion to Set Aside Judgment

             v.
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      (Your name here),
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                       Defendant.
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             Now comes, (your name here), acting in propria persona does hereby request that
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     Judgment be set aside for reasons as follows;
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             1. Defendant made written attempt to correspond with (plaintiff attorneys name here)
12                requesting validation of the transfer of the account to (plaintiff attorneys name here)
                  pursuant to 15 USC 1692g, (a), (1), (2), (3), (4), (5).
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             2. Defendant states that he mailed the request for validation for the transfer of this debt
14                with (plaintiff attorneys name here) by way of certified return receipt with the U.S.

15                Postal Service.


16           3. Defendant states that he received the certified return receipt of mailing.


17           4. Defendant states that he waited the allowed time for validation pursuant to 15 USC
                  1692g, (a), (1), (2), (3), (4), (5) and gave additional mailing time. Defendant is
18                mailed out a Notice of Violation of 15 USC 1692g, (a), (1), (2), (3), (4), (5)
                  assuming that the transfer of the debt was invalid due to (plaintiff attorneys name
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                  here) failure to provide validation of the transfer.
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 1   5. Defendant was more then willing to work with (plaintiff attorneys name here)
        provided the transfer was valid. Defendant states that there has never been a refusal
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        to pay any debt owed.
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     6. Defendant states that the Fair Debt Collection Practices Act was designed to protect
 4      consumers from the abusive practices of those in the business of collection of a debt,

 5      therefore giving him right to request validation of the transfer. Baker v. G.C.

 6      Services Corp., C.A.9 (Or.) 1982, 677 F.2d 775

 7   7. Defendant states that they may be filing a complaint with the State Bar, the Federal
        Trade Commission and further may file a complaint in U.S. District Court for
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        (plaintiff attorneys name here) violation of 15 USC 1692g, (a), (1), (2), (3), (4), (5).
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     8. Defendant requested a simple validation of the transfer of the debt and in no way did
10      this warrant legal action.

11   9. Defendant believes that (plaintiff attorneys name here) has filed this complaint with
        unclean hands, therefore wasting the courts time and resources.
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     10. The judgment violates Defendants right to equal treatment under the law.
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     11. Defendant’s right to due process of law pursuant to the Fifth and Fourteenth
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        Amendments of the U.S. Constitution was violated. Snyder v. Massachusetts, 291
15      U.S. 97, 105.

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     12. Plaintiff has failed to prove their case beyond a reasonable doubt. The information

17      provided fails to state a prima facie case. There are issues as far as the interest rate
        being charged, penalty fees that have been added to the account, attorney fees that
18      are being claimed and the exact amount due and owing on this credit card.

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 2          Wherefore, Defendant makes request that the enforcement of the judgment be set
     aside or stayed until the Court makes ruling on this Motion and further that; The stay of
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     proceedings be dealt with on an urgent ex-parte basis, in chambers, and that any rule
 4   not complied with be dispensed with.

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     DATED THIS ____ day of February, 2012.
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                                                 By:
10                                                     In Propria Persona


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     Original of the foregoing delivered this ___ day of March, 2012 to:
 2   (Court address here)

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 5   COPY of the foregoing delivered this ___ day of February, 2012 to:

 6   (Plaintiffs attorneys name here)
     Attorney for Plaintiff (Plaintiffs name here)
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     ____________________________________

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     Document2


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