Fill and Sign the Vacate Default Judgment Form

IN THE _______________________ (Name of Court) COURT OF _____________________ (Name of County), ____________________ (Name of State) ____________________________________ PETITIONER (Name of Petitioner) V. CAUSE NO. ____________ ____________________________________ RESPONDENT (Name of Respondent) Petition to Vacate Judgment COMES NOW _________________________________ (Name of Petitioner) , Petitioner in the above-styled and numbered cause, by and through her attorney, and files this her Petition to Vacate Judgment, and in support thereof would show unto the Court the following matters and facts: 1. Respondent, ______________________________ (Name of Respondent) , by and through its attorney, _____________________________________ (Name of attorney for Respondent) , with offices at _____________________________________________ ___________________________________________________ (Address of attorney for Respondent) , did on _______________________________ (date) file its Complaint at law in an action for damages against Petitioner as Defendant. That cause of action was docketed as Cause No. __________________ (Number) in the records of the ______________________________________________________ (Title of trial court) . 2. Petitioner, who was named as Defendant in Cause No. _____________ ( number) , referred to in the last preceding paragraph, was a nonresident of ____________________ (name of state of original suit) at all times material, as was the Plaintiff in the action. The facts as to the non-residence of both Plaintiff and Defendant in Cause No. ___________________ ( number) , affirmatively appear in Plaintiff’s Complaint filed in Cause No. ________________ ( number) . 3. On ___________________________ (date) , the __________________________ _________________________ (title of trial court) , acting at the insistence and request of _____________________________________ (name of attorney for Plaintiff) , counsel for Plaintiff in Cause No. ___________________ ( number) , entered the default of Defendant in the cause and entered judgment in the cause in favor of Plaintiff and against Defendant, the Petitioner in this proceeding, in the amount of $_______________ (dollar amount) and costs. That judgment was docketed in [e.g. Judgment Book 000 at Page 00 in the office of the Circuit Clerk of (Name of County, (Name of State)] _____________ ________________________________________________________________________ _______________________________________________________________________. 4. This Petition is filed by the Petitioner in this proceeding, being the same person named as Defendant in Cause No. ________________ ( number) , to set aside as completely void the Judgment entered against Petitioner on ________________________ (date) in that Cause. This Petition is filed in accordance with the provisions of ______________________________ (cite statute) of ____________________________ (name of state where judgment entered) . Petitioner alleges that there was irregularity in the obtaining and the entering of the judgment referred to above, in that the ___________ ____________________________________________________ (title of trial court) had not obtained jurisdiction of Defendant in said Cause. By virtue of such lack of jurisdiction, the Court was without power to enter judgment against Petitioner, and therefore any purported judgment is null and void and of no force and effect whatever. 5. Plaintiff in the said Cause wholly failed to acquire jurisdiction of this Defendant and failed to make any good and sufficient service of notice on Defendant or to make a good and sufficient return of service of an original notice on Defendant in the Cause. The _____________________________________________________ (title of trial court) , by reason of such failure of Plaintiff, had no jurisdiction whatsoever of Defendant in the Cause, and, therefore, the Judgment entered on ____________________________ (date) in the Cause against Defendant referred to above was void and is of no effect whatever. 6. Petitioner, who was named Defendant in the cause, state and allege that she has a meritorious defense to the claims asserted in the C omplaint filed in the Cause. An affidavit in support of this allegation is attached hereto as Exhibit A, and made a part of this Petition by reference thereto. WHEREFORE, Petitioner requests that the Judgment previously entered by the ____________________________________________________ (title of trial court) , in Cause No. ____________________ ( number) , in which __________________________ (Name of Respondent) was the Plaintiff and ___________________________ ( Name of Petitioner) was the Defendant, which Judgment was entered on ____________________ _________ (date) , be held void and of no force and effect whatever, and that such Judgment be vacated and set aside. Petitioner further requests that Respondent/Plaintiff be enjoined from issuing any execution on the alleged Judgment or from taking any other steps to enforce the alleged Judgment. Respectfully submitted this __________________________________ (date) . _________________________________________ (Name of Petitioner) By: ______________________________________ __________________________________________ (Name & Signature of Petitioner’s Attorney) State Bar No. __________________ Petitioner’s Attorney Certificate of Service This is to certify that I, ______________________________________ (Name of Attorney) , attorney for Petitioner ____________________________________ (Name of Petitioner) , have this date served a true and correct copy of the above and foregoing Petition to Vacate Judgment by U.S. Mail, postage fully prepaid, to the following counsel of record for Respondent: ___________________________________________ (Name of Attorney) ___________________________________________ Post Office Box ____________________________________________ City, State, Zip Code This the _____ day of __________________________, 20_______. Respectfully Submitted, ___________________________________ (Name of Attorney) State Bar No. __________________ Attorney for Petitioner