Fill and Sign the Motion to Vacate Form

IN THE __________COURT OF ______________ (Name of County) STATE OF ________________ (Name of State) ______________________ PLAINTIFF (Name of Plaintiff) VS. CAUSE NO. __________ ______________________ DEFENDANT (Name of Defendant) Motion to Vacate Judgment, Quash Subpoena Duces Tecum, Dismiss Writ of Garnishment, and for Leave to an Answer to Complaint Comes now ___________________ (Name of Defendant), Defendant, in the above-captioned cause, who moves the Court for an order vacating the Judgment of this Court entered on ________________ (date), quashing the Subpoena Duces Tecum entitled Post Judgment Subpoena for Production of documents to Non-Party served on ___________________ (name), dismiss the Writ of Garnishment served on Defendant’s Employer, ____________________ (Name of Employer) on __________________ (date) and for leave to answer the original Complaint of Plaintiff filed in the matter on _________________ (date) . The Motion is made on the following grounds: 1. The Complaint in the above-entitled and numbered cause was filed and a summons issued by the Clerk of this Court on __________________ (date). 2. Service of process was made on Defendant on ____________________ (date). 3. Defendant delivered his copy of the Summons and Complaint to _________________________ (Name of Debt Settlement Company) , hereinafter called Company, on ___________________ (date). 4. Said Company were in negotiations with Plaintiff on a settlement when Plaintiff turned the account over to an attorney _____________________ (Name of Attorney), who almost immediately file the subject Complaint. On advice from the Company, Plaintiff did not answer since the Company advised Plaintiff that the Company and Plaintiff were in settlement negotiations. Trusting the Company, Plaintiff did not file an Answer. 5. Failure to file an Answer resulted in a default Judgment being entered against Defendant on ___________________ (date). 6. Failure to file an Answer also resulted in a Subpoena Duces Tecum, entitled Post Judgment Subpoena for Production of documents to Non-Party, being served on _______________ (name) on _____________________ (date). 7.Failure to file an Answer resulted in a Writ of Garnishment being served on Plaintiff’s employer on ____________________ (date). 8. Defendant’s failure to answer or otherwise appear in said Cause was the result of mistake, inadvertence, and excusable neglect. 9. Defendant has a meritorious defense to Plaintiff's Complaint, as shown by the attached Answer and by the attached Affidavit of ______________________ (name of affiant) . Wherefore, Defendant moves the Court for an Order setting aside the any entry of default, and the default Judgment in the above-entitled and numbered cause, and allowing Defendant's Answer, attached to this Motion, to be filed. Defendant further moves that this Court quash the Subpoena Duces Tecum (entitled Post Judgment Subpoena for Production of documents to Non-Party), and dismiss the Writ of Garnishment served on Defendant’s Employer. Respectfully submitted, By:______________________ (Printed Name of Defendant) _______________________ (Signature of Defendant) Certificate of Service This is to certify that I, ____________________ (Name of Defendant) , have this date served a true and correct copy of the above and foregoing Motion by U.S. Mail, postage fully prepaid, to the following counsel of record for the Plaintiff: _______________________(Name of Attorney) ______________________________ (Post Office Box No. or Street Address) _______________________________ (City, State, Zip Code) This the ____day of ____________________, 20_______. Respectfully submitted, By:______________________ (Printed Name of Defendant) _______________________ (Signature of Defendant) Notice of Motion to Vacate Judgment, Quash Subpoena Duces Tecum, Dismiss Writ of Garnishment, and for Leave to an Answer to Complaint You are notified that on ___________________ (date), at ___________ (time), or as soon thereafter as counsel can be heard, in Courtroom _______ of the _____________Court for ______________ County, _________________ (State), at the _________________ (County) Courthouse at _______________ ________________________________________________________________ (street address, city, county, state, zip code) , Defendant _________________ (Name of Defendant) , will bring on for hearing his Motion for the reasons stated in the above Motion. Respectfully Submitted, ______________________ (Printed Name of Defendant) ______________________ (Signature of Defendant)