Properly served

[thawley]

I was sued and a trial took place without me there (I didn't know that there was going to be a trial). Subsequently a judgement was passed. As it turns out, I was not properly served the subpena. The serving documents note that the subpena was presented to a "resident occupant" whose description is also listed, but this person does not fit the description of anyone in who resides in my home. Basically my question is this: Is being improperly served sufficient grounds for submitting a motion to vacate the judgement? Thanks. Tamela.

 

[lwpat]

Yes. Lack of service is grounds for a motion to vacate.

 

[thawley]

Thank you.

Thank you. That's what I thought. Tamela.

 

[Malibu_Barbie]

Tamela, did you mean "Complaint", rather than "Subpoena"? There's a huge difference. I would assume that since there was a judgment filed against you that it was actually a Complaint. At what point were you made aware of the judgment, and how? What was the name of the person who is shown as having accepted service of the Complaint, and do you know that person? Was it a family member? Who was the "server"? Have you seen any of the documents showing alleged "proof of service"?

 

[Michael Wechsler]

Tamela, did you mean "Complaint", rather than "Subpoena"? There's a huge difference. I would assume that since there was a judgment filed against you that it was actually a Complaint. At what point were you made aware of the judgment, and how? What was the name of the person who is shown as having accepted service of the Complaint, and do you know that person? Was it a family member? Who was the "server"? Have you seen any of the documents showing alleged "proof of service"?

I think that Tamela means the complaint, so it would seem. All Malibu Barbie's questions are right on target to getting an "Order to Show Cause to Vacate Judment" which means exactly what it says -- throw out the judgment because you didn't appear for a very good reason. That's what you need to do here basically, show the judge that you didn't recieve the notification that you should be in court and didn't have your fair shot at being heard. Good luck!