COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name and Address of Court: ......... .. :
Index No. Calendar No.
SMALL CLAIMS CASE NO.: :
PLAINTIFF/DEMANDANTE (Name, street address, and telephone number of each):
DEFENDANT/DEMANDADO (Name, street address, and telephone number of each):
Plaintiff(s) -againstTelephone No.:
Defendant(s) : . .No.:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Telephone
See attached sheet for additional plaintiffs and defendants.
NOTICE TO (Name): OF THE STATE OF NEW YORK THE PEOPLE
One TOthe parties has asked the court to CANCEL the of small claims judgment in your case. If you disagree with this request, you should appear in this court on the hearing date shown below. If the request is granted, ANOTHER TRIAL may immediately be held. GREETINGS: Bring all witnesses, books, receipts, and other papers or things with you to support your case. Una de las partes en el caso le ha solicitado a la corte que DEJE SIN EFECTO la decisión tomada en su caso por la corte para reclamos judiciales menores. Si usted esta en desacuerdo con esta solicitud, debe presentarse en esta corte en la fecha de la audiencia indicada a continuación. Si se concede esta solicitud, es posible que se efec- túe otro juicio inmediatamente. Traiga a todos sus testigos, libros, recibos, y otros documentos o cosas para presentarlos en apoyo de su caso.
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court NOTICE OF MOTION TO VACATE (CANCEL) JUDGMENT located at County of 1. A hearing will be held in this court at which I will ask the court to cancel the judgment entered against me in this case. If you wish to oppose the on the you should of in room , motion day appear at the court on , at , 20 o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the HEARING
DATE FECHA DEL JUICIO
DATE DAY TIME PLACE COURT USE
failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a 2. I am asking the court to cancel the judgment for the reasons stated in item 5 below. My request is based on this notice of motion result of your failure to on file with and declaration, the records comply. the court, and any evidence that may be presented at the hearing.
DECLARATION FOR MOTION TO VACATE (CANCEL) JUDGMENT 3. Judgment was entered against me in this case on (date): Witness, Honorable , one of the 4. I first learned of the entry of judgment against me on (date): Court in County, day of , 20 5. I am asking the court to cancel the judgment for the following reason: a. I did not appear at the trial of this claim because (specify facts):
1. 2. 3. Your
Justices of the
b. Other (specify facts): (Attorney must sign above and type name below) 6. I understand that I must bring with me to the hearing on this motion all witnesses, books, receipts, and other papers or things to support my case. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Attorney(s) for Date: ...............................................................................................
(TYPE OR PRINT NAME) (SIGNATURE)
CLERK'S CERTIFICATE OF MAILING I certify that I am not a party to this action. This Notice of Motion to Vacate Judgment and Declaration was mailed first class, Office and P.O. Address postage prepaid, in a sealed envelope to the responding party at the address shown above. The mailing and this certification occurred at (place): , California, on (date): Clerk, by Telephone No.: , Deputy - The county provides small claims advisor services free of charge. Form Approved for Optional Use Judicial Council of California SC-135 [Rev. January 1, 2007]
Facsimile No.: E-Mail Address: NOTICE OF MOTION TO VACATE JUDGMENT AND DECLARATION Mobile Tel. No.: (Small Claims)
Page 1 of 1 Code of Civil Procedure §§ 116.720, 116.730,116.740 www.courtinfo.ca.gov
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