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LawTalk, Attorney
Category: Legal
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Experience:  I am a practicing attorney with more than 3 decades of experience in the legal field.
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We were served with a filing foreign judgment that we were

Customer Question

We were served with a filing for a foreign judgment that we were never previously noticed or served on the case that occurred in another state and a default judgment was entered on. We just received a writ of execution with 10 days for exemptions. Can we still file a motion to vacate the foreign judgment?
Submitted: 1 year ago.
Category: Legal
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Yes, it is still possible to file a Motion to Set Aside Default Judgment based on the failure of service of the original lawsuit. And that is what you will need to do before you can seek to defend against the domestication of the judgment in your state.

You are going to need to file an answer to the judgment filing in your state and deny service in the underlying action---but then to win, you will have to get an order in the original state setting aside the judgment. When you have that you can seek the dismissal of the domestication application in your state. It is however, not possible to defeat the application for domestication in your state without also dealing with the judgment itself in the originating state.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2015,