Q: I have an 8 1/2 year old default judgment that I was never served with. Can the judgment be Vacated
My ex and I were sued from a car accident that she was in. The affidavit of service states that they served my mother with papers and has her name on the paper. My mom does not recall accepting or signing any court papers and told the process servers that I no longer lived there. My ex was not served and the case was dismissed against her. I no longer have solid proof of my residency during that time frame and Verizon and the electric company no longer has any record of me having an account with them at my previous address. The only proof I have is an envelope post marked about 3 weeks after I was allegedly served from my ex who was incarcerated at the time. And the warrant of restitution from our eviction when we got evicted about a week after I got the letter. But the warrant of restitution does not have me named on there as a defendant. Although I did appear at court to represent my ex in the eviction case since the lease was in her name and I was living there.
A: You would have to prove that you weren't served with process. That's probably going to be very difficult after 8.5 years. If you can prove that you weren't served at that time, and you have a legitimate defense to the claims against you, then you may be able to convince a court to vacate the judgment. But it's not an easy task.
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A: I agree with Bennett, it will be an uphill climb. But it does sound like you never received personal service.
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