Mountain View, CA asked in Personal Injury, Civil Litigation, Collections and Insurance Defense for California

Q: Can I vacate or set aside a default Judgment that was entered 9 years ago, if I was not properly served?

3 Lawyer Answers

Dale S. Gribow

Answered
  • Palm Desert, CA
  • Licensed in California

A: the answer would be face on the facts...........when you say properly what happened?

how were you served?

did you evade service?

did you move and not leave forwarding?

you can always make a motion to set aside and the judge based on the facts presented will decide whether to grant.

Dale S. Gribow

Answered
  • Palm Desert, CA
  • Licensed in California

A: see my answer a few minutes ago

there is no black and white answer but would depend on an analysis of the facts.

you can always make a motion........the issue is what would the judge do with it

Theodore Allan Greene

Answered
  • Sacramento, CA
  • Licensed in California

A: As the previous attorney suggests: It depends on the facts. You should consult with an attorney and then make a decision based on the likely hood of success.

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