Dismissal for improper service

[okaynowwhat]

What is the name of your state (only U.S. law)? MN
County: Hennepin

My landlord brought an eviction action against me for non-payment of rent (lost check, long story.) Anyway, when I got to court, she and I spoke to a mediator and ended up settling. However, I found out afterwards (the court file wasn't available at the time) that she filed the affidavit of mailing the hearing notice herself, thereby performing service improperly. In Hennepin county, this typically provides sufficient grounds for dismissal.

Is there a post-trial motion or other avenue I can take to get the settlement voided for a re-trial? (Or some similar relief?) She didn't give me proper notice to vacate so I do have defenses. I realize that even if I win, she can always serve me with proper notice later, but it would buy me more time to find a better place.

Thank you.

 

[FlyingRon]

When you agreed to the mediation, you most likely gave up your right to challenge the failures in service and other notices.

 

[tranquility]

If you were to challenge the agreement as "unconscionable" based on the fact of improper service (Where you did get notice and probably also waived it by answering in the first place.), you would need to go to court and make a motion. You would need an attorney both to have a realistic chance and to make sure it was not an abuse of process.

You agreed to the settlement, live up to your word. (Unless of course there is another "long story" to explain.)