Default Judgment-Help?

[Anonymous]

I became disabled, and I wasn't able to pay for orthodontic treatment. They served papers to my parents home in another count (never been my address). At the current time, my parents and I weren't on good terms, so by the time I heard about the lawsuit (on yesterday), there was already a default judgment. I do plan on paying it off over the next few month (no later than April), so how can I get this judgment vacated for improper service? Is there a time frame for filing this motion? Also, should I wait until I have all of the money prior to filing the motion?

Thank in advance.

[Anonymous]

Depends on the service rules for your state. You'll need to do some research regarding that. You may argue that it was improper to serve an address that was never your residence, but I'm not sure that will fly in your state since it may be that your parents are a good 'legal proxy' for service. Time to hit google, my friend.

[Anonymous]

I would also note that the plaintiff would have no way of knowing anything about the nature of your personal relationship with your parents, so arguing on that point would be a waste of time IMO.

[Anonymous]

Generally such a motion would have to be filed within one year to be considered 'timely', though again, your state laws may vary.

[Anonymous]

Individual. Upon an individual, other than a minor or an incompetent person, by serving the individual or by leaving a copy of the summons and the complaint at the individual’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by delivering a copy of the summons and the complaint to an agent authorized by appointment or by law to receive service of process;

This is the law in my state.

[Anonymous]

You might question how they determined that to be an appropriate address, and go from there - certainly is worth a shot. Be prepared to prove your place of residence(s) in the past.