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Trying to have judgments vacated...

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Anonymous
Not applicable

Re: Trying to have judgments vacated...

I found out recently that I have a judgement on my CR that I was never served for - I currently live over 300 miles away from my previous address and know for a fact that I was never notified or served.  I'm working on getting the motion to vacate written up now.  It appears on my CR that the judgement was for $600 for something I'm not entirely sure about (don't recognize the information, maybe I WOULD HAVE if I had been served) and I received a collections letter for $4400!  Needless to say, I'm hacked off right now.

Message 11 of 13
RobertEG
Legendary Contributor

Re: Trying to have judgments vacated...

I advise that, if you have not yet done so, you check out the rules of civil procedure for service of notice for your specific jurisdiction/court.

Physical service is not always required.  Other forms of service, such as mailing to the defendant's known address or publication of notice in a local newspaper, may apply.

 

The court records will show how the service was (allegedly) effected in your case.

The issue is whether they followed that procedure, and if that procedure is recognized by the court.  The later is almost always true, or else the judge would not have proceeded to trial.

 

 

Message 12 of 13
Anonymous
Not applicable

Re: Trying to have judgments vacated...


@RobertEG wrote:

I advise that, if you have not yet done so, you check out the rules of civil procedure for service of notice for your specific jurisdiction/court.

Physical service is not always required.  Other forms of service, such as mailing to the defendant's known address or publication of notice in a local newspaper, may apply.

 

The court records will show how the service was (allegedly) effected in your case.

The issue is whether they followed that procedure, and if that procedure is recognized by the court.  The later is almost always true, or else the judge would not have proceeded to trial.

 

 


In my state, they have to serve in person or via certified mail.  I never received any certified mail and certainly never signed any certified mail certificate, and there was no authorized agent at my previous address that could have signed for me.  So at this point I'm actually looking at what could be considered mail tampering as well as not being properly served.

Message 13 of 13
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