Power of Judges

unless in the case of improper service or venue.you would have a hard time getting a default dismissed.could you elaborate on your situation please?

I filed a motion to set aside default judgement with the court for a debt collection case that I already paid to the plaintiff. It was stipulated that the plaintiff would dismiss the case up reciept of payment. I filed the motion along with PIF letter and stipulation and payment recept to the judge also stating in my motion that a fraudulent injustice had occured due to the plaintiff seeking judgment in the case instead of having the case dismissed. The judge then gave the plaintiff 2 days to dismiss the case or he was going to set it for a hearing. Do you think that this would qualify as a case that the judge could order dismissed as if judgment never took place?

if you have that in writing take it with you and file the motion to dismiss.as long as you have an agreement in writing and proof of payment the judge should dismiss it.

Do you think that will void the default judgement all together like it never happened? Can that be legally done by judges if the judge wants?

you have an agreement in writing to the effect that if you pay then they won't pursue judgement.they violated it.i don't see how a judge would ignore that.you have fufilled your obligation in writing to this CA.i fact i would motion to dismiss with prejudice.that means nobody can try to sue on this again.

Ah! Thank you. I will file a motion to dismiss with prejudice! I guess it would be okay to file this even though I already filed motion to vacate. Anybody know where to find a template for filing a motion to dismiss with prejudice? If not I will just find the county court form and file it the best I can.

Thank you paulmergel!

I think you have to file the court forum supplied by the courts.

Do I really need to cite applicable law? Basically the county court "Motion to" form just says;

For the following reasons: (cite any applicable law)


I request the court to:


dated________

applicable law or your paperwork and agreement in writing,but yes you do i'm afraid.

Maybe I should file a motion for ruling on my motion to set aside default judgement first....lol.

Do you think that it is poor court room etiquitte to file a motion to dismiss with prejudice before you get a ruling on a motion to set aside default judgment?

I'm sorry if my questions are redundant, I'm just a little confused and definatly don't want to upset the judge in any way.

How's does this look?

For the following reasons: (cite any applicable law)

Upon a stipulated agreement between the plaintiff and defendant, this case was to be dismissed by the plaintiff prior to the default judgment entered.

I request the court to:

Dismiss this case with prejudice.

Skydiver helped me write some of this for my motion to set aside default but since I had to keep that motion brief I didn't get to use it all

For the following reasons: (cite any applicable law)

The plaintiff filed suit against me on Aug. 3, 2008 seeking the sum of $2,546.76. Judgment was entered against me on 9/22/08 for said amount. Enclosed with the motion to set aside default judgment filed by defendant on 3/10/09 is a copy of a letter I received from plaintiff, clearly showing that this debt was paid in full before the date of judgment and also paid by the stipulation date of 8/27/08. Prior to the date of judgment, plaintiff informed me that upon our stipulated agreement and clearance of the payment that they were going to have the case dismissed with the court. Obviously, they chose not to do so. Their action of proceeding with a lawsuit against me even after they admitted being paid in full is in clear violation of the Fair Debt Collection Practices Act. Also, their action to report this debt as still being owed to the plaintiff to all three of the major credit bureaus after the default judgment was entered, is in violation of the Fair Credit Reporting Act. Upon a stipulated agreement between the plaintiff and defendant, this case was to be dismissed by the plaintiff prior to the default judgment entered.


I request the Court to:
Due to the correct status of this debt, and due to the plaintiff's fraudulent and deceptive handling of this matter, I therefore ask that the court vacate and set aside the judgment against me and consider this matter dismissed with prejudice. I also ask that the court reflect this change on any of my credit reports that the judgment may have been placed on.

Is that to much to say?

In small claims, the judges don't like to read a lot. They like it to be short, sweet, and to the point. (I've sued three people, and 3 separate judges never even read my complaint - they just asked me to summarize my complaint in a few sentences).

I think your latter motion is too lengthy. Stick to the subject matter. Unless you're filing a counter-complaint for FDCPA violation, then don't even mention it because it's not relevant.

Also stating "...due to the plaintiff's fraudulent and deceptive handling ..." is a very bold/accusatory statement. In saying that you are basically accusing them of committing a criminal act. Unless you can actually prove fraud and deception, it is poor taste on your part to use that language.

I guess I am having trouble citing (possibly remembering) the applicable law that I want or need for my reason to dismiss. All I know are violations of FDCPA and FCRA.