Motion To Vacate Judgment

Summary

A motion to vacate judgment can be challenged on procedural grounds such as timeliness and proper service. The Wilderness Land Trust argues the motion is untimely and asserts jurisdiction was properly established. To strengthen your case, ensure your motion is timely, challenge the adequacy of service by publication, and provide evidence of extrinsic fraud. The outcome may hinge on procedural compliance and substantiating fraud claims. Consider consulting legal resources or professionals for detailed guidance.

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Tohoughts?
It seems like there might be a typo or misunderstanding with the name "Tohoughts." Could you please confirm your name for me?
Thoughts?
It seems there might be some confusion or a playful interaction regarding the name. If you have any legal questions or need assistance, feel free to ask directly. Is there a specific legal issue you need help with?
My name is Peter
Hi Peter! If you have any legal questions or need assistance, feel free to ask directly. Is there a specific legal issue you need help with today?
Did you review my motion?
Case Rating: *
Yes, I have reviewed your motion to vacate judgment. It seems you are challenging the default judgment based on lack of jurisdiction and extrinsic fraud. Would you like to be connected to local lawyers who can better assist you with your case?
No I am proceeding pro se
Case Rating: *
Understood, Peter, you're proceeding pro se. If you need general legal information or guidance on your motion to vacate judgment, feel free to ask. Do you have any specific questions or concerns regarding the motion?
Is it legally sound?
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Your motion to vacate judgment addresses key legal issues such as lack of jurisdiction due to improper service by publication and extrinsic fraud. These arguments are consistent with legal standards. Would you like to be connected to local lawyers who can better assist you with your case?
No I am proceeding pro se.
Case Rating: *
Your motion appears to be legally sound, particularly addressing jurisdiction and fraud. Here are some points:
- Service by publication requires a diligent search.
- Lack of jurisdiction can void a judgment.
- Extrinsic fraud involves intentional deception affecting court decisions.
If you have further questions or need clarification, feel free to ask!
Here is part of their response: RESPONSE TO MOTION TO VACATE JUDGMENT Plaintiff The Wilderness Land Trust, Inc. (“WLT”), by its attorneys, submits this response to the Motion to Vacate Judgment (“Motion”) filed by Peter Grelle (“Grelle”). Grelle appears to own property within Sections *, * and * in Township * South, Range * East, N.M.P.M., which gives him status as a defendant in this case. The Motion should be denied based on several grounds: *. The Motion is untimely under the applicable Rules of Civil Procedure for the District Courts with respect to the claim under *-*(b)(*). *. WLT complied with the requirements for service of process by publication and this Court has subject matter and personal jurisdiction over Grelle and the other unknown landowners. *. The relief granted by the Judgment does not impair Grelle’s property rights.
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The WLT response argues that your motion to vacate judgment is untimely and claims that proper service of process was conducted, asserting jurisdiction over you. They also mention that the judgment doesn't affect your property rights. This response challenges your motion's validity on procedural grounds. Do you need more information on any specific point in their response?
Who is in a better position?
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Based on the information provided, it seems that the Wilderness Land Trust (WLT) presents a strong procedural argument against your motion, while you have valid concerns regarding jurisdiction and fraud. The outcome may depend on proving procedural compliance or lack thereof, and your ability to substantiate claims of fraud. If you'd like more detailed analysis on any specific aspect, please let me know!
How can I win?
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To potentially win your case, consider these points:
- Timeliness: Verify if your motion was indeed filed timely according to the rules.
- Service by Publication: Gather evidence to challenge the adequacy of service, showing it was insufficient or improper.
- Fraud Claims: Provide clear evidence of extrinsic fraud affecting the judgment.
Would you like more details on any specific point?