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motion to vacate judgement

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muchiri

Junior Member
What is the name of your state?ks

Back in february 03/2005 a judgement was filed against me because of an apartmease lease that Broke....Anyways they never served me any notice of the hearing probably beacuse I moved to a different city but still in the same state.so my question are they still supposed to serve me with a notice regardless whether I moved to a different city?if yes is this ground for me to get a succesful motion to vacate it??
 


Ladynred

Senior Member
are they still supposed to serve me with a notice regardless whether I moved to a different city?if yes is this ground for me to get a succesful motion to vacate it??
No and No. They likely served the summons to your last known address - that is not illegal nor is it defective service.
 

muchiri

Junior Member
motion to vacate

see I have not been living at that address since December of 2003 and the guy who lives there apparently told whoever tried to serve the summons that I dont live there anymore.If can get a statement from that person who currently lives there ,would I still be succesful in the motion to vacate?so honestly even if I filed the motion what are the chances of me winning ?
 

Ladynred

Senior Member
If can get a statement from that person who currently lives there ,would I still be succesful in the motion to vacate?
Probably not. Personal service is not the only legal service of process. If they can't find you, then they can go as far as publishing a notice in the newspaper and that would still be legal service.

You can always try, but I think you're going to have to find some other grounds besides defective service.
 

muchiri

Junior Member
motion to vacate

So if I get this right if they did not publish a notice in the newspaper because they could not give me a notice of summons I might have a chance to get this vacated???
 

Ladynred

Senior Member
What you need to do FIRST is get a copy of the judgment case file, with the proof of service affidavit in it, and find out EXACTLY where it went, who is was served to, and when. THEN figure out if you have any grounds.
 

muchiri

Junior Member
motion to vacate

First of all thank you so much for trying to help me out with this issue.So far today here is what I have been able to find ou.The summons to appear was apprently delivered by the sheriff and the gentleman who lived there then refused to give out his name it was quoted"The black gentleman who answered refused to give his name" and No newspaper publication was done.Do you think this is enough grounds for defective service?
 

Ladynred

Senior Member
Well.. its quite possible. If the service was returned and no subsequent notices published in the paper, you just might be able to prove defective service.
 

muchiri

Junior Member
motion to vacate

Ok some new info just came up that the summons were served by the sheriff and somebody apparently accepted but refused to give out their name.If I can prove that I was not living at the address at that time will that be deemed as defective service....??
 

TigerD

Senior Member
If you are serious about fighting this go get a lawyer. Your questions alone have shown that you are not capable of fighting this on your own.

DC
 

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