1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

10

11 Any Plaintiff, ) Case No.

)
12 Plaintiff, ) NOTICE OF MOTION AND MOTION TO VACATE
vs. ) DEFAULT AND JUDGMENT PURSUANT TO
13 ) CIVIL CODE 1788.61; MEMORANDUM OF
) POINTS AND AUTHORITIES; DECLARATION OF
14 Any Defendants, and DOES 1-5, inclusive, ) ____________; EXHIBITS
)
15 Defendants. ) DATE:
) TIME:
16 ) Dept:
)
17 )
)
18 )
)
19

20 To subscribe to my FREE California weekly legal newsletter visit

21

22
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23
address.
24

25 To view over 300 sample legal documents sold by LegalDocsPro

26
visit: http://www.scribd.com/LegalDocsPro
27

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NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT-CIVIL CODE 1788.61

 1 TO PLAINTIFF ___________________________________ AND THEIR ATTORNEYS OF
2 RECORD:
3
PLEASE TAKE NOTICE THAT on _____________________, at ________, or as soon after
4
that as the matter can be heard, in Dept. _______of the above-entitled Court located at
5

6
____________________________________________, Defendant,____________________ will

7 move the Court to set aside the Default that was entered against them on ___________________ , the

8 Judgment that was entered against them on ________, and granting them leave to file their Proposed
9
Answer, a copy of which is attached as Exhibit "A" to the Declaration of ______________________.
10
The Motion will be made under the provisions of Civil Code 1788.61 on the grounds that
11
the Plaintiff is a debt buyer and that the Default and Default Judgment were taken as a result of
12

13 USE THE EXAMPLE BELOW IF YOU ARE CLAIMING LACK OF ACTUAL

14 NOTICE IN TIME TO DEFEND THE ACTION

15
Defendant's lack of actual notice in time to defend the action as more fully set forth in the
16
Declaration of __________________, and the Exhibits attached thereto, attached hereto and
17
incorporated herein by reference.
18

19 USE THE EXAMPLE BELOW IF YOU ARE CLAIMING THAT THE JUDGMENT

20 WAS A RESULT OF IDENTITY THEFT

21
Defendant being the victim of identity theft as shown by the Federal Trade Commission
22
Identity Theft Victims Complaint and Affidavit or a copy of a police report filed by Defendant
23
alleging that he or she is the victim of an identity theft crime, including, but not limited to, a violation
24

25 of Section 530.5 of the Penal Code, for the specific debt associated with the judgment attached as

26 Exhibit B to the declaration of ______________________.

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NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT-CIVIL CODE 1788.61

 1 USE THE EXAMPLE BELOW IF YOU ARE CLAIMING THAT THE JUDGMENT
2 WAS A RESULT OF MISTAKEN IDENTITY
3
Defendant being mistaken for another person that shares their name as shown by the
4
declaration of _______ and Exhibit C attached thereto.
5

6
The Motion shall be based upon this notice, the attached Points and Authorities in support

7 thereof, the files and records of this case, and the Declaration of __________________,

8 and the Exhibits attached hereto, attached hereto, and on such other and further oral and/or
9
documentary evidence as may be presented at the hearing on this Motion.
10

11
Dated________________ ___________________________________________________
12
ANY ATTORNEY OR PARTY
13

14

15 Do NOT use this motion unless the Plaintiff is a debt buyer and
16
the default or default judgment was entered on or after January 1,
17

18 2010, except in the case of identity theft or mistaken identity, in which

19
case you can file this motion regardless of the date of the default or
20

21
default judgment.
22

23 To view or purchase the entire 15 page document visit:

24
https://legaldocspro.myshopify.com/products/sample-motion-to-vacate-
25

26 judgment-under-civil-code-section-1788-61-in-california
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NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT-CIVIL CODE 1788.61