setting aside default judgement

Okay, I just talked to the clerk at my court house again and she said that the judge already told her to set the case for hearing. She also said that I could go ahead and file a motion to dismiss with prejudice. Does this look well written? I changed it some. Debt cc? skydiver?
:)

MOTION TO DISMISS WITH PREJUDICE

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 documentation 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. Upon the stipulated agreement between the plaintiff and defendant, this case was to be dismissed by the plaintiff prior to the default judgment entered. After many repeated efforts to have the plaintiff dismiss this case with the court, although very willing, they have been unable to get it done. 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.

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 to order plaintiff to reflect the correct status of this debt as settled in full and correct all of the information that has been falsely reported to all of the credit bureaus.

Dated: __3/21/09___________