<p>Dear XXXXXXXXX - I will assume that you signed for the summons by certified mail and that you only had the document for 14 days. If that is the case you definitely have a right to vacate the judgment since the Motion for Default would have been filed two weeks too early. </p><p> </p><p>What you should do first is to check with the clerk of courts where the suit was filed and find out what date is showing as date of service. If this summons was signed for by someone in your family or a roommate and then you didn't receive it because it was in someone else's possession then you have a problem. </p><p> </p><p>The clerk of courts can tell you exactly when the summons was signed for and by whom. Once you have that information you can then file your motion, especially if the date of service was less than 28 days ago. If the summons was signed for over 28 days ago by someone else you can still file your motion but you would need an affidavit from whoever signed stating that they did not give you your mail until 2 weeks ago.</p><p> </p><p>David Kennett - JD - Attorney at Law</p>

I can't imagine why it would be sent certified and not need to be signed. But if it was sent on the 29th of July you are certainly within the 28 days to answer. You still should call the clerk and ask what date they show as the date of service. Then you can use that date in your motion to vacate and state that the clerk of courts shows date of service as (whatever date) which is less than 28 days from the date of the motion for default.

If all this is true youshould have no problem in prevailing on your motion to vacate. I would get this filed asap.

Dave Kennett