motion to vacate vs appeal

[sadie]

I have a summary judgment against me ( THE ALL CAPS ME) from CITIBANK



I plan to file a motion to vacate a void judgment. Has anyone used the one in the downloads and had any success with it? (vacate as there is no lawful money)



I have 6 months to file the motion to vacate but only 30 days to file an appeal. Would I have to file an appeal too?

[Ice]

Can you not think of any other reason that the judgment may be void?



Did the original creditor ever speak in court, sign any document, or anything? Or was it all handled by the "attorney" that CLAIMS he is working for this "client" or that he is working under "Champerty"??



Are you sure there were actual facts and evidence put on the record by the "attorney"??.... or the "plaintiff"??



Have you seen the Richard Cornforth material? If not, I suggest that you consider it.

[sadie]

Ice



Thanks for the reply. Yes I have read Cornforth and I have numerous things to include in the motion. I was just curious about this one on the forum and if it has ever worked for anyone.



It is my understanding that the motion to vacate goes to the same court. So that means it goes to the same judge who railroaded us and she just will deny the motion.



Then what? It would be past the 30 days from summary judgment for filing an appeal.

[sadie]

Does anyone know the steps?



I know that a motion to vacate can be a direct attack and filed with the same couty court.



A collateral attack and motion to vacate can go to the district court.



If I file a motion in the same court and it is denied, can I then file collateral attack and motion to vacate in district court and if I lose that, then what?

I do know that you can file a motion to vacate at this time.All they can do is deny it.You cannot appeal the decision unless you have motioned for a new trial and it has been denied.If you appeal and have not motioned for a new trial,the appeal will be denied.

I still need to do considerable research on collateral attack. It does look like for the most part you need to file a petition to vacate in the original court.



One place where a different court could honor a petition to vacate would be if a judgment was entered against you in county A or State A and you live in County or State B. Now the collectors come to the court in B to collect. You can file a petition to vacate in court B.



Prof. Jim

[seeker]

I would suggest you look closely at the affidavits they entered into the record -- is there a DATE on them? Are they under JURAT (sworn) -- do you have a state statue similar to Indiana regarding "foreign affidavits" - some body tell me they can find that for Illinois -- I have been unsuccessful! (IC 34-37-1-7 --thanks, Jim) I have two affidavits from Citibank and both are invalid due to the lack of date, lack of witness, lack of Jurat. I have asked the judge to set them aside and declare no "competent witness" for the plaintiff. We, on the other hand, have offered first hand knowledge. They have produced none. So examine the "evidence" and attack the missing leg --



Seeker

[sadie]

seeker



Yes I intend to use all that in my petition to vacate. I am just not sure if the petition is also a suit against the judge and attys for denial of due process and fraud etc. or does that come after the petition to vacate gets denied.



Do I ask for a jury trial on this and award of damages?



Or do I just ask to vacate the judgment?

[seeker]

It is my understanding that you act on the void judgment first, then you file against the offending parties (palintiff, judge, attorneys, witnesses, whatever)



First you establish that there was no judgment (see Prof Jim's stuff) then you move against the parties perpetrating the fraud!



Seeker

[Ice]

First you Motion to Vacate. If the Motion is denied you have the right to appeal. Then it would be time to initiate a suit for damages.