I filed a motion to vacate a judgment that was issued by default. I was not given proper service of process. I am fighting this pro per. What is the answer that needs to be attached to the declaration of mailing sent to the defendant? Is the motion to vacate the judgment enough, or do I need to prepare a stronger remedy for the court?
2 Answers from Attorneys
You want to vacate both the judgment and the default. You must attach the proposed answer to your motion. Of course, the motion should contain a declaration from you stating that you weren't served and never had notice of the lawsuit until very recently, probably when you received some kind of postjudgment notice. You might also explain where you were (other than at home) on the date and time that the proof of service states that you were served.
I would suggest that you retain a professional to do this. This would be money well spent.