I am giving the following documents to my local civil courthouse to motion to vacate a civil lawsuit judment; I am attaching the following documents:
1) Motion to vacate the judgment on pleading paper using California Civil Code 473.5 (never was served summons),
2) Declaration-Form MC-030 &
3) General Denial-Form PLD-050....Is this correct?
P.S: What should "I" and should "not" write in my Form MC-030 (Declaration). My reason to file is because I was served at my parents house where I have not lived since 2004 and my parents claim they never received anything...judment was filed on 07/2010 for $5,000.00 which I disclaim knowledge. And is all the documentation mentioned above necessary in order just to submit my motion?
You would be well served to hire a local debt collection lawyer to review your papers, prepare the motion and argue it.
The motion itself should consist of a Notice of Motion, the Memorandum of Points and Authorities, and the Supporting Declaration.
Yes, you can concurrently submit the PLD-050 General Denial.
You will also need a first appearance filing fee ($395) and motion filing fee ($40) payable to the court.
Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
Review the statute you're relying on. You need to include in your declaration that you weren't avoiding service, and how and when you found out about the judgment. Include that you have a meritorious defense and you do need to submit a copy of your proposed answer (your general denial), which will be lodged until your motion to set aside is granted, which it probably will be since these motions are routinely granted, at which point it will be deemed filed and served on the creditor.
Note that your general denial needs to include your affirmative defenses or they will be waived.
Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.