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If I can prove that I was not served properly on a foreign judgment... should I file a motion with the court to vacate judgment before the hearing? I received a motion to copel garnishee payments and for contemp as to garnishee and its regiesterd agents... I work for myself and plan on defending myself next week... but it's unclear to me if I should file the motion with the court before hand.. or ask the judge to vacate the judgment during arbitration next week? Also.. this judgment was bought by a dept collection company in a completely different state back in 1998. They filed the the notice of the foreign judgment 9 years 4 months and 2 days later.. Isn't there statute of limitations on how long a judgment creditor has to pursue the judgment in another state?
State/Country relating to Question: Florida Already Tried: Nothing yet.. Going to go and defend myself next week and try to have the judgment vacated based on failure to serve properly..... or whatever the correct terminology would be...
Yes, you should file a motion to vacate the judgment based on insufficient service of process. In that motion, you should state that you were never served personally or otherwise with a summons and complaint, and therefore the judgment is invalid. This will put the burden on the other party to prove you wrong - if it can.
Under Florida law, foreign judgments properly enrolled are enforceable for 20 years. The judgments can be renewed for intervals of 7 years (after the first 20). Thus, the creditor likely has standing to pursue the debt. Here is a link that explains the statute of limitations on judgments/foreign judgments: http://www.judgmentenforcementagency.net/Florida_Judgment_Enforcement.html
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Litigation Attorney practicing in multiple State and Federal Courts, Arbitrations and Mediations