the judgment was given few years ego against me but less than one third of the sue but i belive I do not owe anything and I was not given fair opportunity to defend myself I field for motion to vacant can I get that motion so I can present my case.
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Read More Answered By: Robert Sher |
It is highly unlikely that you can get the judgment vacated at this late date. If you were served properly with the original suit papers, which means either by certified mail or a process server, you should have followed the instructions on the papers as to how to defend yourself. You would have then had your day in court to present your defenses. If you claim you never received the suit papers, then after the judgment was entered a notice would have been mailed to you by the clerk of the court informing you of the judgment. You would then have had 30 days to file a motion to vacate it due to lack of proper service, and it would have been granted in all likelihood. Of course, if you had changed your address and not left a forwarding address, it's possible you never got the post-judgment notice either, but unfortunately that claim will probably not persuade a judge. You should contact the attorney for the plaintiff and see if you can negotiate a settlement. |
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