Legal Question in Civil Litigation in Louisiana

what is the statute of limitations for filing to vacate a judgment in the State of Louisiana? 2004 i took out a gym membership. I began to get ill and went into the hospital w kidney infection found out i had scar tissue in my kidney/bladder but also had a tumor in my breast and pelvis. I asked to be removed from my contract due to my health issues and the owner stated that i signed a contract. She said if i find someone to take my contract over then she would remove me. I made 7 payments and couldn't afford to pay due to medical and out of work. I had to move from my residence due to income issues shortly after. 2011 i checked my credit and there is a judgment on my credit. I contacted the gym and spoke with the person in charge willing to make a deal with me and we lost contact due his leave from the gym. The court records have on file that a judgment was set even though i wasn't served. Unclaimed certified reciet is on their record. Now I'm hearing that i could "Vacate" the judgment due to not being notified properly of a court date. What are my rights?

Asked on 6/26/12, 9:36 am

1 Answer from Attorneys

Robert Louque The Louque Law Firm, L.L.C.

In order to vacate a judgment, you have to file a formal petition with the court seeking to nullify the judgment. It is not a simple motion, it is similar to a lawsuit with discovery, possible court appearances, etc.

If you were truly not served, the judgment is not valid and you can seek to have the judgment nullified. However, please be aware that proper service can be accomplished without serving you personally. The sheriff is allowed to serve you through someone you live with. The creditor is also free to have a "curator" appointed to serve you if they were unable to serve you personally. It is very rare for a judgment to be entered without some sort of valid service.

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Answered on 6/28/12, 10:09 am

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