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Need low cost help for filing a motion to vacate a judgement

Date: Fri, 07/31/2009 - 14:57

Submitted by anonymous
on Fri, 07/31/2009 - 14:57

Posts: 202330 Credits: [Donate]

Total Replies: 2


Midland and their law agancy filed a cicil suit against me on 9/21/09 on the case details the court shows I was served papers on10/23/09 in Ls Cruces. I was never served papers and have not lived in Cruses for over 9 years. The district court clerk advised I get legal aid to create the necessary letters to file a motion to vacate for improper service. I do not have the money to hire a lawyer adn do not meet the income level for free legal aid (just got a job 2 weeks ago) Has anyone had to do this and could advise on a sample letter? Thanks


actually,you can got to NACA.NET.you should be able to find a consumer attorney that will work on a contingency basis.they will go after the CA not only for the inproper service and venue,but the CA will cover his fees and court costs.time to put the wood to midland.they deserve it.


lrhall41

Submitted by paulmergel on Fri, 07/31/2009 - 14:59

( Posts: 15514 | Credits: )


hi VG--

Let me begin by stating that I am not an attorney. I do not pretend to be one. I simply help people here because of my own experience and knowledge, much of which was learned by others that help out on this forum.

I have in the past helped a few of our members in exactly this situation. I would suggest that you join this forum, become a member, so that I can PM you some help for this. Signing up here is free and you do not need to sign up for debt help or counseling or anything else--you can sign up for just the forum like I did. Sign up and PM me, and I will be happy to help you fix this. I do not charge or accept any payment, ESPECIALLy when we are talking about being able to stick it to Midland, they are one of the worst ever!

As I said, I have helped several others in this situation. In one such case, I was able to help a woman not only get the judgment against her vacated, but she in turn ended up suing THEM and WON. It really isnt as hard as you might think.

Paul suggested the NACA website, which might help, but I find that when you are a defendant in cases like this, NACA attorneys dont take the case on a contingency basis. They usually only do that when you are suing a debt collector for violations, because they then have a chance to win money. If a lawyer helps you get a judgment vacated, there is no money in that. And someone still needs to pay that attorney his fees. Now, if an attorney represents you and you are the defendant, that attorney can get his legal fees paid by Midland ONLY if Midland loses their lawsuit against you.


lrhall41

Submitted by skydivr7673 on Sat, 08/01/2009 - 08:33

( Posts: 2036 | Credits: )