Motion To Set Aside Judgement

[ssusanj1116]

What is the name of your state (only U.S. law)?
Missouri

ok so to keep a long story short: the ex and I went to court for a trial divorce on 11/25/08 because we could not agree on child support (the ex was not wanting to pay any support and has been prolonging this process for almost a year to get support payments as low as he could. right before the trial was to start we reached an agreement and signed settlement paper work, the judge also made us swear in and go on the record that we agreed to the settlement arrangements, at the end it was determined that neither one of us had completed the required parenting class. the judge gave us 3 weeks to complete this. we both went and this was completed but i'm not sure if an actual judgement was entered. to add to the delima on the day of the trial my lawyer withdrew from the case due to a dispute between her and i as to how i felt she representing me. so when the settlement agreement was signed in front of the judge he had a lawyer and i did not. moving on now on 12/15/08 i find out that my ex filed a motion to have the judgement set aside (reason: stated frivalous agreement which now he states he did not understand). when i asked him what was the deal he said that when we went to court he was working 35 hours a week and now in 3 weeks he states he will from now on only being working 20 so he fills based on this the child support should be less and that's his goal.

What is the likely hood that the same judge that saw him and had him go on the record with his aggreement would now overturn it?

 

[michellebarack]

motion to set aside

I have a judgement that I was never served and now it is hanging on my credit record, this people that entered this judgement were listed as part of all creditors on my bankruptcy but did not respond when the bankruptcy court notified all plaintiffs, their lawsuit was filed at about the time I filed for bankruptcy. Now he bankruptcy has been satisfied and dismissed, with this May '09 it will be 2 years.
What is the procedure to file a motion to set aside?

 

[proud_parent]

I have a judgement that I was never served and now it is hanging on my credit record, this people that entered this judgement were listed as part of all creditors on my bankruptcy but did not respond when the bankruptcy court notified all plaintiffs, their lawsuit was filed at about the time I filed for bankruptcy. Now he bankruptcy has been satisfied and dismissed, with this May '09 it will be 2 years.
What is the procedure to file a motion to set aside?

Do not hijack. If you have a question, please start your own thread.

 

[SIN EATER]

ssusan:
Go down to the courthouse and review your file.
See if the agreement/stipulation was signed by the Judge.
If signed, then it is an order; get a copy of the signed order for your records.


Also, if you recited the order in front of the Judge, s/he may have agreed (did s/he say something such as 'so ordered'?).
You would need a transcript of the verbal stipulation which you stated in front of the Judge. This would involve purchasing the transcript from the court reporter (or a copy of the audio tape). When you review your file, you can see who the court reporter was & get a phone # from the clerk, or purchase the tape.

If the Judge issued a verbal order, you can reduce the settlement to a written order and present it to the (opposing atty &) Judge for signature.

Some attorneys are willing to 'piece out' their time - see if you can buy an hour and a half time from an atty to simply type the order with you as representing yourself & then you go & file the order after signatures (you need to send a copy to opposing attorney requesting that they sign the order or respond within fifteen days. Advise them if no response, you will send it to the court and request entry without their signature.

Good luck.