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Service by publication out of state, Vacate Judgemnet?

Discussion in 'Small Claims & Municipal Court' started by No Drama, Oct 17, 2018.

  1. No Drama

    No Drama Law Topic Starter New Member

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    Jurisdiction:
    Utah
    A small claims trial resulted with me the defendant judgment I pay all fees/ court cost plus money
    plaintiff asking for. I had a lousy argument, not enough documentation/ evidence.

    I was served by alternate method publication via Salt Lake Tribune. California law requires service by publication/ newspaper in a publication located in California were I reside.

    “Service by publication” means that you publish the summons and complaint in a newspaper of general circulation in the area where the other side is likely to be.

    Service of Process - getting_started_selfhelp

    As a citizen of California I am held the laws here. This means the court needs to take this into consideration.

    I would not be asked to break California laws to follow Utah laws.



    Enforcement of foreign judgments - Wikipedia

    • The judgment is repugnant to the public policy of the state where enforcement is sought;


    The idea is to motion to vacate judgement based on California laws of publication.



    Any input is appreciated.
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Meaning that you went to trial presented your "lousy argument" and insufficient evidence and lost the case?

    If so then, no, you don't get to vacate the judgment because of the process service.

    The judgment was based on the merits, not the service.
     
  3. army judge

    army judge Super Moderator

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    You should have refused or avoided service.

    Had you not taken the "bait", you would NOT have a judgment against you.

    You were protected from small claims service in Utah by virtue of living in California.

    Unfortunately you volunteered to run to Utah to make what you term a "lousy argument".

    You can pay the judgment or start protecting your cash to cover your a**.
     
  4. zddoodah

    zddoodah Well-Known Member

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    So...is this real, or is this "hypothetical" as mentioned in the thread you posted at the other site?

    In that thread, you told us that you did "not read or see the publication because [you] live in another state." In this thread, you told us that there was a trial that you apparently attended, and at which you presented a "lousy argument." Your most recent post at the other site supports that there was a trial and that you attended the trial.

    Which is it?

    In any event, California law does not apply to a case in Utah. If you were properly served under Utah law, then the judgment against you is valid.

    Moreover, if you actually attended the trial, then any complaint about jurisdiction was waived.
     
  5. zddoodah

    zddoodah Well-Known Member

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  6. army judge

    army judge Super Moderator

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  7. No Drama

    No Drama Law Topic Starter New Member

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    Thanks that was helpful.
     

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