Can I file a motion to vacate a default judgment by myself or must an attorney do it?

My uncle, a mentally incapacitated individual, was being sued for a debt that was not his. At the time of the suit, my mother was the trustee of the irrevocable special needs Trust set up for him, however she was in the hospital and weeks later passed away. I am now the trustee and also his power of attorney. A default judgment was entered against him and I would like to vacate the default judgment because now they entered a judgment lien against the property that is in the name of the Trust. Can I file this pro se or would the courts require an attorney. If there is no need for an attorney along with the motion to vacate the default judgment, what else would I have to file?

Asked on March 9, 2015 under Estate Planning, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You need a lawyer. You can only file pro se for *yourself*--not for a trust for which you are trustee, and not for a person for whom you are an attorney in fact (appointed by a POA). Only a lawyer admitted to the bar of your state can file anything on behalf of anyone or anything other than yourself.


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