(11a) NOTICE TO VACATE ORDER OF DEFAULT

1 Your name
2 Your address
[City, ST ZIP Code]
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5 [COURT NAME]
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[PLAINTIFF'S NAME], Case No.: [Number]
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Plaintiff,
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NOTICE OF MOTION TO VACATE
10 vs.
ORDER OF DEFAULT
11 UNDER FEDERAL RULE 60(B)(3)
[DEFENDANT'S NAME],
OR A STATE STATUTE
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Defendant EQUIVALENT FOR A JUDGMENT
13 BY A COURT LACKING
PERSONAL JURISDICTION
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VIOLATED DUE PROCESS AND
15 THEREBY THE DEFAULT ORDER
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IS VOID AND MUST BE VACATED
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NOTICE OF MOTION TO VACATE
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ORDER OF DEFAULT
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22 UNDER FEDERAL RULE 60(b)(3) OR A STATE STATUTE

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EQUIVALENT FOR A JUDGMENT BY A COURT LACKING PERSONAL
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NOTICE OF MOTION TO VACATEORDER OF DEFAULTUNDER FEDERAL RULE 60(B)(3) OR A
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STATE STATUTE EQUIVALENT FOR A JUDGMENT BY A COURT LACKING PERSONAL
JURISDICTION VIOLATED DUE PROCESS AND THEREBY THE DEFAULT ORDER IS VOID AND
MUST BE VACATED -
1 JURISDICTION VIOLATED DUE PROCESS AND THEREBY THE
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DEFAULT ORDER IS VOID AND MUST BE VACATED
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Comes now, the Father, [Type in your last name and first name in
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lower case] is claimed by the plaintiff to be the Defendant, and thereby the claimed
8 defendant has not been presented with evidence proving willful nonsupport and
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therefore without clear and convincing evidence showing the father knowingly and
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11 willfully did not provide support the record shows the court acted without cause
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and must immediately vacate order of default.
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The claimed defendant is moving into the record1 a motion to vacate
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16 an order of default that was issued by a court or administrative tribunal lacking
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personal jurisdiction and thereby violated due process and must be vacated under
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the authority of federal rule 60(b)(3) or a state statute equivalent.
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24 Record
Record means information that is inscribed on a tangible medium or that is stored in an electronic
or other medium and is retrievable in perceivable form. 45 CFR § 301.1
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MUST BE VACATED -
1 The facts will prove an order of default was entered by a court or
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administrative tribunal lacking personal jurisdiction violated due process2 and
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4 thereby cannot yield an order of default.

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6 JURISDICTION
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Take judicial and administrative notice of an adjudicated fact
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9 Supreme Court Burnham v. Superior Court of Cal., County of Marin, 495 US 604 -
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Supreme Court 1990 a judgment of a court lacking personal jurisdiction violated
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the Due Process Clause of the Fourteenth Amendment. 3
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The evidence shows that the plaintiff’s petition lacked merit by failing
15 to meet the constitutional minimum of standing and thereby the court lacked
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personal jurisdiction because the plaintiff failed to meet the burden of proof
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“In Pennoyer v. Neff, 95 U. S. 714, 732 (1878), we announced that the judgment of a court
22 lacking personal jurisdiction violated the Due Process Clause of the Fourteenth Amendment as well.” Burnham v.
Superior Court of Cal., County of Marin, 495 US 604 - Supreme Court 1990
3
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24 “In Pennoyer v. Neff, 95 U. S. 714, 732 (1878), we announced that the judgment of a court
lacking personal jurisdiction violated the Due Process Clause of the Fourteenth Amendment as well.” Burnham v.
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MUST BE VACATED -
1 THE FOLLOWING FACTS REQUIRE THIS COURT TO
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VACATE ORDER OF DEFAULT
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6 1. Without a record of the Defendant expressing consent to enter into a

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contractual relationship with the State Title IV-D Agency to establish a duty
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9 of Support Obligation and thereby it is a fact and proof of a record the court
10 does not have personal jurisdiction to enter a default order against the
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Defendant
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2. Take judicial and administrative notice of evidence of an adjudicated fact
15 Lujan v. Defenders of Wildlife, 504 US 555 - Supreme Court 19924 where

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the Supreme Court held that constitutional minimum of standing contains
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18 three elements.
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20 3. First element, the plaintiff must have suffered an "injury in fact" an invasion
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of a legally protected interest which is concrete and particularized.
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“To satisfy Article III standing, a plaintiff must therefore allege:(1) injury-in-fact that is concrete
24 and particularized, as well as actual or imminent;(2) that the injury is fairly traceable to the challenged action of
the defendant; and (3) that the injury is redressable by a favorable ruling.” Lujan v. Defenders of Wildlife, 504 US
555 - Supreme Court 1992
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MUST BE VACATED -
1 4. Second element, there must be a causal connection between the injury and
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the conduct complained of the injury has to be fairly traceable to the
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4 challenged action of the defendant, and not the result of the independent
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action of some third party not before the court.
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5. Third element, it must be likely, as opposed to merely speculative, that the
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9 injury will be redressed by a favorable decision.

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11 6. When the Plaintiff lacks minimum of standing, then this state court or
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administrative tribunal does not have the required personal jurisdiction over
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the defendant and thereby the Order of Support is void5 and must be vacated
15 under federal rule 60(b)(4)6 or the state statute equivalent the court can
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vacate sua sponte.7
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“In Pennoyer v. Neff, 95 U. S. 714, 732 (1878), we announced that the judgment of a court
19 lacking personal jurisdiction violated the Due Process Clause of the Fourteenth Amendment as well.” Burnham v.
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Rule 60. Relief from a Judgment or Order (b) Grounds for Relief from a Final Judgment,
22 Order, or Proceeding. On motion and just terms, the court may relieve a party or its legal representative from a final
judgment, order, or proceeding for the following reasons: (4) the judgment is void;
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24 Sua sponte As a general rule, where grounds for dismissal exist, an action is subject to dismissal
on a court's own motion. A trial court has the power to dismiss an action sua sponte for want of prosecution, or
failure to comply with the rules of civil procedure or a court's orders. A court may sua sponte enter a motion to
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1 7. This court must show evidence introduced into the court by the plaintiff
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showing an actual injury in fact or the court must immediately vacate Order
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4 of Support to comply with due process under the constitution for the United
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States of America.
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8. It is a fact the defendant did not give expressed consent to submit to the
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9 jurisdiction of the state as required under UIFSA.8 Bases for Jurisdiction

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Over Nonresidents.
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9. It is a fact the defendant is domiciled within the territory boundaries of this
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state and thereby cannot be presumed to be a nonresident described in
15 UIFSA Bases for Jurisdiction Over Nonresidents.

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10. It is a fact the undersigned defendant cannot lawfully be held in default
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because there is no evidence of a loan agreement as required by the
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dismiss for want of jurisdiction even though both parties have agreed to appear in the court.
22 https://www.law.cornell.edu/wex/sua_sponte
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UIFSA
24 Uniform Interstate Family Support Act (UIFSA) means the model act promulgated by the National
Conference of Commissioners on Uniform State Laws (NCCUSL) and mandated by section 466 of the Act to be in
effect in all States. 45 CFR § 301.1
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1 definition of default9 used in section 42 USC section 666(a)(4)(H) and
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defined under 42 USC § 292q(c)(3).
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11. The facts prove the Order of Default must be vacated because the court or
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6 administrative tribunal has a lawful duty to act when it has the jurisdiction to
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correct a wrong.
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12. It is a fact the defendant never knowingly expressed nor implied consent to
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11 enter into a contractual relationship with a state IV-D Agency10 as required

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to establish a duty for support obligation11 and thereby the defendant was not
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Default
17 (3) Definitions For purposes of this subsection: (A) The term “default” means the failure of a
borrower of a loan made under this subpart to— (i) make an installment payment when due; or (ii) comply with any
18 other term of the promissory note for such loan, except that a loan made under this subpart shall not be considered to
be in default if the loan is discharged in bankruptcy or if the school reasonably concludes from written contracts
19 with the borrower that the borrower intends to repay the loan. https://www.law.cornell.edu/uscode/text/42/666
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IV-D Agency “means the single and separate organizational unit in the State that has the responsibility for
21 administering or supervising the administration of the State plan under title IV-D of the Act.” 45 CFR § 301.1 IV-D
https://www.law.cornell.edu/cfr/text/45/302.34
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23 Obligation 42 USC § 1320a-7a(s)

For purposes of subsection (o), the term “obligation” means an established duty, whether or not
24 fixed, arising from an express or implied contractual, grantor-grantee, or licensor-licensee relationship, for a fee-
based or similar relationship, from statute or regulation, or from the retention of any overpayment.
https://www.law.cornell.edu/uscode/text/42/666
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1 obligated to make installment payments to repay a loan and thereby cannot
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be held in default.
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THE JUDICIAL OFFICER PRESIDING OVER THIS RECORD IS
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6 REQUIRED TO CLARIFY THE EVIDENCE PROVING THE STATE

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RETAINED PERSONAL JURISDICTION TO ENTER A DEFAULT
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9 ORDER
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The judicial official reading this motion to vacate cannot respond with a one-
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line statement “the court has personal jurisdiction and therefore the motion to
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13 vacate is dismissed” without providing evidence to rebut the facts and

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adjudicated facts provided by the defendant to support the merits of his notice
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of motion.
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Dated this [day] of [Month], [year].
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Type in Your Name and sign
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MUST BE VACATED -
1 UCC 1-308 All Rights Reserved
2 Without Prejudice
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MUST BE VACATED -

(11a) NOTICE TO VACATE ORDER OF DEFAULT

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(11a) NOTICE TO VACATE ORDER OF DEFAULT

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1 Your name

22 UNDER FEDERAL RULE 60(b)(3) OR A STATE STATUTE

16 an order of default that was issued by a court or administrative tribunal lacking

4 thereby cannot yield an order of default.

6 1. Without a record of the Defendant expressing consent to enter into a

15 Lujan v. Defenders of Wildlife, 504 US 555 - Supreme Court 19924 where

9 injury will be redressed by a favorable decision.

9 jurisdiction of the state as required under UIFSA.8 Bases for Jurisdiction

15 UIFSA Bases for Jurisdiction Over Nonresidents.

11 enter into a contractual relationship with a state IV-D Agency10 as required

23 Obligation 42 USC § 1320a-7a(s)

6 REQUIRED TO CLARIFY THE EVIDENCE PROVING THE STATE

13 vacate is dismissed” without providing evidence to rebut the facts and

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