Vacating a Judgement?

What is the name of your state?What is the name of your state?

MINNESOTA

I recieved a Notice of Docketing of Judgement yesterday. It confirmed that a judgement of money was ruled in favor or "XYZ Bank" vs my x-husband and myself.

The judgement was in reference to a repossessed vehicle awarded to my x in our divorce that he voluntarily gave up. He decided that he no longer wanted the vehicle and the high payments with it. He did not consult me with this stupid decision. Since we did not re-finance the vehicle in our divorce (I know, very stupid of me) I know I am still attached to this debt legally.

My X called me about a week before the hearing to let me know that he was served a summons to court for this matter. He did not give me a time or location of the summons. He thought that I would also be served and to maybe expect a sheriff to come by sometime.

I was never served a summons by mail or in-person.

I am wondering if it would be in my favor to be able to Vacate the Judgement based upon my not being served by mail or in-person? Does Minnesota law state that I should have been served in either of those manner?

Thank you.

The Minnesota Rules Of Civil Procedures requires that each party in an action at bar.

Rule 5. Service and Filing of Pleadings and Other Papers

5.01 Service; When Required; Appearance

Except as otherwise provided in these rules, every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, designation of record on appeal, and similar paper shall be served upon each of the parties. No service need be made on parties in default for failure to appear except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons in Rule 4. A party appears when that party serves or files any paper in the proceeding.

What you will need to do is to go to the court where the case was hear and get a copy of the file. Look in the file for a 'proof of service' with your name on it.

If it is not there then you MAY have a cause of action to vacate the judgement. However, this will not mean that the bank won't refile against you alone.

IF you are going to file the motion to vacate, it must be done with a year of the final judgement.

60.02 Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud; etc.

On motion and upon such terms as are just, the court may relieve a party or the party's legal representatives from a final judgment (other than a marriage dissolution decree), order, or proceeding and may order a new trial or grant such other relief as may be just for the following reasons:

(a) Mistake, inadvertence, surprise, or excusable neglect;
(b) Newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial pursuant to Rule 59.03;
(c) Fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party;
(d) The judgment is void;
(e) 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
(f) Any other reason justifying relief from the operation of the judgment.

The motion shall be made within a reasonable time, and for reasons (a), (b), and (c) not more than one year after the judgment, order, or proceeding was entered or taken. A Rule 60.02 motion does not affect the finality of a judgment or suspend its operation.

This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order, or proceeding, or to grant relief to a defendant not actually personally notified as provided in Rule 4.043, or to set aside a judgment for fraud upon the court. Writs of coram nobis, coram vobis, 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.

LearningInMN said:

I am wondering if it would be in my favor to be able to Vacate the Judgement based upon my not being served by mail or in-person?

Click to expand...

You can certainly try to get it vacated... but I would be VERY surprised if the court agreed.
Reasons:
1) This is still your debt. The divorce order does not change that.
2) The creditor is not required, or expected, to keep track of you. Unless you provided them with something in WRITING that you were no longer married AND gave them your current address, you MIGHT have a chance. Absent that, the court will find that their notice delivered to the address they had (either the original or HIS new one), would be assumed to have noticed to you also.

My suggestion... pay the judgment then go after your ex for the amount you had to pay... as it was HIS debt by the family court order.