I was able to prove "Defective Service" and vacated a judgement. SOL and Laches

[pinkhas]

I was able to prove "Defective Service" and vacated a judgement. SOL and Laches

Arizona

I had a vehicle repossessed in beginning of 2008 and the first complaint was filed in November 2008. Service was claimed to be issued on January 28 2009 and a default Judgement was entered on May 2009. July 2016, I learned that a default Judgement was entered on my when a credit report was pulled on me and I contacted the Collection law firm that was pursuing action against me. I was able to prove that the service was defective and the Judgement was vacated. Will the statute of limitation defense work because the service was defective? The plaintiff will argue that the case was filed timely but my argument is that the service was defective and the case should be dismissed with prejudice. Or should I use the Law of laches as an alternative defense? I understand that if the case was filed timely that it would toll the Statute of limitation. But because the service was defective, would that toll ended after 120 days after the original complaint in November 2008, continuing the statute of limitation? Or would still be effective even if the service was defective and the Judgement was vacated? What should I expect and what sources should I learn?

Thanks

 

[single317dad]

The only thing vacated was the final (default) judgment; the case is still active. If you owe the money, there will probably be a new judgment at the end of the proceedings, because the plaintiff will prove you owe the money and haven't paid it. No amount of fancy defenses will help in that regard.

If you've had the judgment vacated and the plaintiff hasn't responded yet, then you might want to sit quietly. Chances are the case could be dismissed for lack of prosecution eventually, in which case your SoL defense would become valid against future lawsuits. Right now, SoL is meaningless. If the plaintiff is actively pursuing the case, then in your defense you should require that they prove all claims, including that you owe a debt and the amount of said debt. Bill collectors are really good at that, and the courts are quite lenient in what they accept as "proof", so you're fighting an uphill battle in that case.