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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 16701
Experience:  8+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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customer tried to serve me the service said they served me

Resolved Question:

customer tried to serve me the service said they served me but didn't and she got judgement when I was never served! what are my options
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

I certainly understand the situation and your concern. If you were never served nor placed on notice that a cause of action had been filed against you, you could certainly have a legal basis to vacate the judgment under Rule 60, which I have provided below. If service was ineffective, they should not have been able to proceed. You can base your motion to vacate and the relief sought, upon not being served. It is likely that the Judge would set a hearing on the matter and you, the plaintiff and the process server would have to appear, to testify as to what happened and why they claim you were served when you were not. Moreover, when you file your motion, you should consider attaching an affidavit stating the same.

60. Relief from Judgment or Order

(a) Clerical Mistakes. Clerical mistakes in judgments, orders, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders. During the pendency of an appeal such mistakes may be so corrected before the case is docketed in the appellate court, and thereafter while the appeal is pending may be so corrected with leave of the appellate court.

(b) Mistakes; Inadvertence; Surprise; Excusable Neglect; Fraud; etc. On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order, or proceeding for the following reasons: (1) Mistake, inadvertence, surprise, or excusable neglect; (2) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (3) the judgment is void; (4) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or (5) any other reason justifying relief from the operation of the judgment. The motion shall be made within a reasonable time, and for reasons (1) and (2) not more than six months after the judgment, order, or proceeding was entered or taken. A motion under this section (b) does not affect the finality of a judgment or suspend its operation. This Rule does not limit the power of a court: (1) To entertain an independent action to relieve a party from a judgment, order, or proceeding, or (2) to set aside a judgment for fraud upon the court; or (3) when, for any cause, the summons in an action has not been personally served within or without the state on the defendant, to allow, on such terms as may be just, such defendant, or his legal representatives, at any time within six months after the rendition of any judgment in such action, to answer to the merits of the original action. Writs of coram nobis, audita querela, and bills of review and bills in the nature of a bill of review, are abolished, and the procedure for obtaining any relief from a judgment shall be by motion as prescribed in these rules or by an independent action.
Customer: replied 1 year ago.

so I have to just file this with the court?

Expert:  LegalKnowledge replied 1 year ago.
Yes, you would need to file a motion to vacate the judgment. Within the motion, you would need to state the rule, lay out the facts of the case and attach any supporting affidavit. It would then need to be set for hearing before the Judge.
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 16701
Experience: 8+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
LegalKnowledge and 14 other Legal Specialists are ready to help you

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