Maryland
I recently found a judgment on my credit report that I had no knowledge of, which was entered in 2004. Apparently the complaint was originally filed in 2002, there was no activity in the case between 09/02 and 12/03 and the case was dismissed for lack of jurisdication in 06/04. The creditor then filed a motion to vacate the dismissal based on their claim that I had evaded service of the summons, and asked to use alternative service. The motion was granted, the case reopend, and a judgment by affidavit entered against me in 11/04.
While the creditor cliams he made "good faith" efforts to locate me (his reason for getting the case reopened), I believe this to be untrue. The creditor had the contact information for a close relative but she was never contacted. Had she been, I would have been notified and responded to the action. My question is, can the order vacating the dismissal be voided, appealed, or overturned (I have no idea what the legal term is) and the original dismissal enforced? If not, what would be the grounds for a motion to vacate the judgment?
I recently found a judgment on my credit report that I had no knowledge of, which was entered in 2004. Apparently the complaint was originally filed in 2002, there was no activity in the case between 09/02 and 12/03 and the case was dismissed for lack of jurisdication in 06/04. The creditor then filed a motion to vacate the dismissal based on their claim that I had evaded service of the summons, and asked to use alternative service. The motion was granted, the case reopend, and a judgment by affidavit entered against me in 11/04.
While the creditor cliams he made "good faith" efforts to locate me (his reason for getting the case reopened), I believe this to be untrue. The creditor had the contact information for a close relative but she was never contacted. Had she been, I would have been notified and responded to the action. My question is, can the order vacating the dismissal be voided, appealed, or overturned (I have no idea what the legal term is) and the original dismissal enforced? If not, what would be the grounds for a motion to vacate the judgment?
