I was recently served with a notice of sister state judgement in California for a judgement in Tennessee I had no knowledge of. My question now is how to file a motion to vacate, what info I need to do so, and the necessary forms I need to file.
3 Answers from Attorneys
You need to attack the Tennessee judgment in a Tennessee court. California courts have no authority to vacate, modify, or even ignore a judgment from another state. As long as that judgment remains in place, California must give it full faith and credit.
You may want to post a question under Tennessee law asking how to attack the original judgment.
Contact a TN attorney, no one here can help you.
First of all, the previous attorneys are not answering all of your questions.
1. You were served with a form that was a notice of entry of sister state judgment. That form told you that you had 30 days to file a motion to vacate the entry of the sister state judgment. That form was most likely Judicial Council form EJ-110.
2. There are no statewide Judicial Council forms for filing a motion to vacate a sister state judgment entered in California. That motion is made on pleading paper, and is subject to the rules governing preparation and format of motions.
3. Motions to vacate sister state judgments are recognized in California. They are governed by Code of Civil Procedure section 1710.40. "A judgment entered pursuant to this chapter may be vacated on any ground which would be a defense to an action in this state on the sister state judgment, including the ground that the amount of interest accrued on the sister state judgment and included in the judgment entered pursuant to this chapter is incorrect."