I just received a Motion to Vacate letter

yes you should be worried. Be sure to file an answer with the court and get copies of all your checks proving you have paid every month and include them with the answer. I would find out what form you must get to answer this threat and file it with the court with proof you have paid. I am not a lawyer, just using common sense. You are going to have to prove to the court that you have paid.

Your answer would look something like this:

Opposition to Motion to Vacate

Defendant, __________________________________, ("Defendant") herein submits his opposition to the motion to vacate for failure to state a cause of action filed by plaintiff, __________________, ("Plaintiff").

Defendant entered into a settlement agreement ("Agreement") with Plaintiff on the _______________ day of __________________ in the year of __________. The Agreement stipulates that Defendant shall make monthly payments in the amount of $_________________ to the Plaintiff until the debt has been paid in full at the amount of $________.

Defendant has faithfully made each agreed upon payment of $_______ each month for a total of $900. The last payment of $_______ was made to Plaintiff on the _________ day of ______________ in the year ___________.

Plaintiff claims that defendant has not made the required payments and that the total balance as of this date is $______________. According to the terms of the agreement, the current amount owed should be at $____________. Defendant has proof of each payment in the form of ______________________, Attached hereto as Exhibit "A", Exhibit "B", (((However many you need to attach))))

Defendant has faithfully followed the agreement as set forth and therefore the Court should deny the Plaintiff's Motion.


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Ok, now this is a sample..you will want to check your court for any rules of civil procedure that explains how your motions need to be typed up.

Did your agreement list any interest rate or did it straight up list a plan of $150 until the total of $1238 is reached?

All my paper that we both signed said was $150 each month starting the month after the first court date. I have kept everything. Also I have print outs from my bank of all the payments made and my duplicates from my checks. I just received this motion in the mail and the court day is Feb 2nd. Will I have time to file this paper work in time Thank you goldenbast. Your answer was helpful

you must immediately file this opposition with the court, and also you need to send a copy to the plaintiff via certified mail RRR so that you can verify that it was received.

If you have everything you need to prove that you have made these payments, then make COPIES of each and every document. Do not take the originals to court, and do not include originals with the opposition motion. Do not wait on this--prepare it this weekend and file it with the court on Monday. You want to make sure that the court and the plaintiff have as much time as possible to receive and review the motion.

The especially interesting part here is that you have the canceled checks, which proves that they cashed them....and yet they are still trying to claim otherwise.

That is EXACTLY what I thought. I have the proof from the bank that they cashed my checks. All of them. That's why I was so confused why they claimed otherwise. Thank you for all of your help. My questions were answered.

please keep us updated, we will be here to help with whatever comes of this

Thank you :)

Likely they were banking on you not having been so meticulous. It just reinforces the very good advice to keep everything. Look up your courts rules of civil procedure and you can use the template to help you word it. Do what was suggested above.

Heck if you had the time I would have suggested you file a counterclaim for the fact they are breaking the agreement by filing suit against you with false claims.....it is also a frivolous suit because you have followed the letter of the agreement yet they chose to try and break their end...no big surprise really.

Did they ever properly validate the underlying debt? Did you fight it in court? Give us the details about the debt itself......from what it looks like, this company is completely unethical and I have to wonder if you got snowballed into this judgment.

I had a credit card when I was 18 and I defaulted on it. I am now 31 and was taken to court by an attorney that took over the debt. I was young and dumb. I should have paid a long time ago and just didn't. I just wanted to be done with it so I told them that I wanted to just pay it and be done with it. They agreed to the set amount, we signed papers and everything was fine. Until I get the Motion in the mail on Friday. I agree with you goldenbast, I think they saw a young woman and didn't think I would keep anything. Now I'm thinking I should have had a trial instead of settling with these people.

No wonder they settled so fast! There is a VERY good chance that this debt was out of the SOL, which means they can't win....besides the fact they very likely don't have one shred of proof you even owe this debt. You should file a counterclaim.