Q: Should I file a exparte motion to set aside a judgement that was in excess of courts limit and a write was issued

A: Filing an ex parte motion to set aside a judgment may be appropriate if:

1. The judgment exceeded the court's jurisdictional limit.

2. A writ of execution was issued based on this potentially invalid judgment.

However, to give you more specific advice, I'd need additional details:

1. What type of court issued the judgment (e.g., small claims, superior court)?

2. What was the amount of the judgment?

3. What is the jurisdictional limit of the court that issued the judgment?

4. How long ago was the judgment entered?

5. Have you already attempted to address this issue through other means?

It's important to act quickly, as there are often strict time limits for challenging judgments. Given the complexity of this situation, it would be advisable to consult with a local attorney who specializes in civil procedure or landlord-tenant law. They can review all the details of your case and provide tailored legal advice.

A: Thank you for your question!

If the timing is proper, you can file a motion to set aside the judgment. File it and serve it to each party. The noticed motion can have:

Notice of the motion, memorandum of authority, Declarations, evidence, judicial notice, proof of service.

Depending on what type of case it is, you may need to file other forms.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.