• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Motion to Vacate

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

smallclaims101

Junior Member
What is the name of your state? CALIFORNIA

Hi,

So I travelled from the Bay Area all the way down to Los Angeles where I used to live in order to appear in a small claims case involving an unsmoggable car. After spending $250 to get there (gas is expensive), the defendent did not show up. Of course, the judge ruled in my favor and I went home knowing that the defendent still had something up his sleeve.

So, of course, I received a Notice of Motion to Vacate Judgement yesterday and the reason given was that the defendent had just gotten a job and had to go to a work week training with the company. I have my own opinion on whether or not this is a good reason, but the judge has to decide.

My question is that since I cannot afford to travel to the jurisdiction of the hearing but I really want to argue against this reason for missing court, if I write a letter to the court with attention to the judge, will the judge consider what I have to say in the letter if I am not there in person?

If I have to show up in person, will another $250 be added to the original judgement for my travel expenses?

If I do not show up, what is the likelihood that the Motion will be granted?

Thanks.
 



Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top