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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 30168
Experience:  Lawyer
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Hi. How can i overturn a default judgement that was improperly

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Hi. How can i overturn a default judgement that was improperly served? Thanks!

My name is XXXXX XXXXX I'd be happy to answer your questions today.

A person who has a default judgment against him has the ability to file a Motion to Vacate Default and serve a copy on the other party. To get the default vacated, it is necessary to establish that the party was not served with notice of the suit, and that the person was not deliberately avoiding service. Here is more information that may help.

San Francisco does not have a specific local form. However, these documents from other counties might be useful.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 3 years ago.

Thanks Lucy. I had moved to Costa Rica due to a family illness (my wife's father had cancer) in 2007 and they tried to serve me in 2011. I just returned to the states 6 weeks ago. What do I need to prove that I was not deliberately avoiding service?



Initially, you could give a declaration swearing when you moved out of the country and why. The fact that they filed the suit four years later tends to suggest that you did not move for the purpose of avoiding service. If you were unaware that the party wanted to sue you, that is something that could also be included in the declaration.
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