Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Hello and thank you for your question today.
Do you ever remember being served with the lawsuit?
If you were never served with the lawsuit then you would have good grounds to file a motion to vacate the default judgment. And since the attorney that handled the lawsuit is now deceased and the debt has been sold there is a good chance that nobody will respond to your motion and the judge will grant it.
Having a judgment vacated requires a good reason--most of the time a court will not vacate a judgment to allow you to put up a defense when you were properly served and simply chose not to go to court. Reasons for vacating a judgment would include:---improper service, when you were not properly served a summons.---improper venue, when you can demonstrate that the court in which the case was filed does not have jurisdiction in this matter.---violation of due process---when the judge or the court did not follow the applicable laws.---when the plaintiff's complaint is based upon a voided judgment.Motion to vacate does not usually go in favor of the petitioner(that is you) when you were properly served and failed to show up.
Please let me know what other questions you may have regarding this matter.
i was in the military from 1998 to 2007 so i never received a summons, and also how to i motion to vacate default judgment?
oh and the judgment never had my social on it, it just had a name and an adress. i am a junior and in never said junior on the paper either
If you were in the military and on active duty then the "solider and Sailors Relief ACt" should have protected you from the judgment.
Let me see if I can find a form for the motion to vacate...one minute please.
according the the judgment, it was in october 2007, i got out of the military in august of 2007
ok thank you sir
oh, and anopther thiong is, the court is in new mexico, and i now live in Texas
Ok, I found a form that is for divorces but you can change it to work for your needs.
Unfortunately you would have to go back to New Mexico to fight this since that is where the lawsuit was filed.
You may want to hire an attorney in NM to do it for you since you now live in Texas.
You can find an attorney by going to www.NACA.net
ok, can i flie the motion from texas? and then go to new mexico when the court date is ready?
ok great, another thing, the court papers do not have my social security number on it, and i requested a copy of the paper from the creditor, and they hand wrote my social in that paper, is that fasifying documnet?
most of the time the court docs are not going to have your ssn on it because they are public record and anyone can come in and view them.
without seeing the document its hard to say but I would not think it was falsifying the document.
oh, ok i understand. so i guess my only move is to motion to vacate. so the creditors have to use the same lawyer? and he is deceased, so they would have to vacate correct?
They don't have to use the same attorney, but it sounds like nobody is really handling your case anymore. You would be required to send notice of your motion to the attorney of record, which would be the deceased attorney.
oh ok i see. that is what i will do. how long would the attorney have to respond?
That I am not sure about, probably 30 days.
ok perfect, thank you very much for your time
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thank you for your time, have a great day
you are welcome
oh that document i needed was for bernalillo county, i do not know how to fill it out
You could use it as a form, you will have to retype it.
ok, do the courts have these papers also?
some do, some don't
ok thank you
I don't think these guys do.
ok have a great day, this was educational. thank you again for your time
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