I want to void a default judgment by bringing a separate cause of action for Fraud on the Courts (and if successful) can I then bring a motion to void the default judgment ? Don't respond with 473 motions etc...
To vacate a judgment, you need to file a motion to vacate/set aside. Filing a new lawsuit will not undo a default in another case. You may have options, but to determine what those are, you need to take everything to a local attorney for a consultation.
The proper procedure to set aside a default judgment is to file a motion to vacate and set aside and base that motion on relevant grounds. The post contains no information as to what constitutes fraud. Generally, the basis to set aside and vacate a default judgment is improper or defective service. If this is what you consider fraud, then assert the facts and support it with legal authority. Filing a new lawsuit (if that is what your post suggests) will not have any bearing on vacating the judgment. Also, your comment about 473 motions is vague and without context. It seems that you may have already lost a motion to vacate which was based on 473 grounds - if that is the case, then the route you suggest (new claim for fraud) will have no luck and may even open you up to sanctions. Now may be the time to consult a knowledgeable and !experienced attorney. Best!
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"Don't respond with 473 motions etc" ... okay how about I respond with this: you need a lawyer. Is there some reason why you don't already have counsel on this matter? My suggestion would be that you hire counsel right away. You may want to use the "Find a Lawyer" tab in Avvo, or an attorney referral service, for this purpose. Best of luck.
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