Motion to Vacate Judgement question

[Zigner]

You did assume when you made your statements. I never said that I didn't have any material facts. I chose not share anything on here as AGAIN my only question was about the judgement being vacated. You also assumed that I never considered the Plaintiff changing position which he has already attempted several times and failed... AGAIN I didn't share that on here as I was only looking for an answer to one specific question. When in referred to this being pretty basic I was s referring to the circumstances surrounding this case and once a goal you assumed I was referring to law in general... So three time you did.
I will let you know when I win this case

You shouldn't mold the facts to encourage only the answers you want to receive.

 

[LincolnFan]

In one sentence please state what action you think the other side is in counter to or in violation of the motion to vacate?

I AM getting as that was my question in the first place. Was the judgement set aside or vacated? I have ZERO problem with going to trial. I think YOU don't get it. The Plaintiff claims my motion to vacate was NOT set aside. Yet the judge says it was. All I was asking here was a simple yes or not answer was the judgment vacated or not? I KNOW it wasn't dismissed hence the bench trial. Speakinf frankly the attorneys on here ha people come on here asking for advise and your reply is get yourself an attorney. My case is only for $1, 300 and before you say a smart ass reply like pay your bills the debt is not even mine. Its in small claims court the amount I would spend on an attorney I may as well pay for the judgment. When you say "deal with that"... That is exactly what I have been doing dumbass! I have all the evidence I need to prove this dent isn't even mine, the Plaintiff lacks standing in the case, is tell you guys only on hearsay, and is even violating a court order to dismiss the case themselves... You DEAL with that! Thanks for the advise and your smart ass comments ta simple yes or no answer. Geez

Dear pro se, I totally understand your frustration when you ask legal question, all you get is "get a lawyer".... !!!! Hello!!! If I wanted to get a lawyer, why on earth I come to this web site?

I think "get a lawyer" must be ban from these forums, when that person can NOT provide solid suggestion, then they better stop making this offensive “get a lawyer” statement. So here is what I suggest, and for sure I’m not a lawyer and this is what I’ve done successfully:

1. Write a nice, respectful and professional letter to the judge that handles your case. Make sure to provide your case number and all references so they know what case you’re inquiring.

2. MAKE SURE to copy plaintiff’s in the CC section of your letter.

3. MAKE SURE in the body of your letter, at the top or bottom of the letter, AGAIN, you copy Plaintiff’s full contact info.

4. For subject letter say something “Pro se Inquiry for Vacate Clarification… “ or whatever you think sounds concise and clear.

5. Then, in the letter (make sure 120% respectful, like Honorable Judge John Doe, Doe County Circuit Judge, 155 Doe Street, Gary, IN ..).

In the first paragraph starts with something like As a pro se Defendant you seek clarification about “vacate” blah blah. Then, find 1-2 past state court cases that other judges (or hopefully the same judge) made statement like this federal judge statement:

“A federal court must construe a pro se plaintiff’s “pleadings liberally, applying a less stringent standard than is applicable to pleadings filed by lawyers. [The] court, however, will not supply additional factual allegations to round out a plaintiff’s complaint or construct a legal theory on plaintiff’s behalf.” Doe v. John N. M., 155 F.14d 1170, 1173-74 (7th Cir. 2007) (quotations and citations omitted).”

In a separate page, then create a “Proof of Service” and declare that you provided the Plaintiff with the above letter in an email format and make sure to SIGN the proof of service. In other word, you are not doing anything BEHIND plaintiff’s back. Doing this page convey to the court and plaintiff you know your stuff.

Then probably you’ll receive an email from judge’s office with some explanation. Also make sure in your letter emphasize you are NOT seeking legal advice and only seeking "procedural clarifications”. Also NEVER NEVER capitalize any of your statement in court filings!! I do it here to get your attention, but NEVER do it in your writing to court!!! Best Wishes.

 

[quincy]

Dear pro se, I totally understand your frustration when you ask legal question, all you get is "get a lawyer".... !!!! Hello!!! If I wanted to get a lawyer, why on earth I come to this web site?

I think "get a lawyer" must be ban from these forums, when that person can NOT provide solid suggestion, then they better stop making this offensive “get a lawyer” statement. So here is what I suggest, and for sure I’m not a lawyer and this is what I’ve done successfully:

1. Write a nice, respectful and professional letter to the judge that handles your case. Make sure to provide your case number and all references so they know what case you’re inquiring.

2. MAKE SURE to copy plaintiff’s in the CC section of your letter.

3. MAKE SURE in the body of your letter, at the top or bottom of the letter, AGAIN, you copy Plaintiff’s full contact info.

4. For subject letter say something “Pro se Inquiry for Vacate Clarification… “ or whatever you think sounds concise and clear.

5. Then, in the letter (make sure 120% respectful, like Honorable Judge John Doe, Doe County Circuit Judge, 155 Doe Street, Gary, IN ..).

In the first paragraph starts with something like As a pro se Defendant you seek clarification about “vacate” blah blah. Then, find 1-2 past state court cases that other judges (or hopefully the same judge) made statement like this federal judge statement:

“A federal court must construe a pro se plaintiff’s “pleadings liberally, applying a less stringent standard than is applicable to pleadings filed by lawyers. [The] court, however, will not supply additional factual allegations to round out a plaintiff’s complaint or construct a legal theory on plaintiff’s behalf.” Doe v. John N. M., 155 F.14d 1170, 1173-74 (7th Cir. 2007) (quotations and citations omitted).”

In a separate page, then create a “Proof of Service” and declare that you provided the Plaintiff with the above letter in an email format and make sure to SIGN the proof of service. In other word, you are not doing anything BEHIND plaintiff’s back. Doing this page convey to the court and plaintiff you know your stuff.

Then probably you’ll receive an email from judge’s office with some explanation. Also make sure in your letter emphasize you are NOT seeking legal advice and only seeking "procedural clarifications”. Also NEVER NEVER capitalize any of your statement in court filings!! I do it here to get your attention, but NEVER do it in your writing to court!!! Best Wishes.

A letter should not be written to the judge.