Q: Motion for relief from judgment due to improper service in debt case.
I need to file a motion for relief from judgment regarding a debt collection case for a vehicle from over 20 years ago. The hearing took place in September 2024, and I was not notified as the paperwork was sent to an incorrect address. I have filed a motion for an extension to prepare a defense for the summary judgment hearing. I have documentation proving the paperwork was sent to the wrong address, as I was incarcerated for 20 years when it was served, and incorrect addresses are still being used. I am facing a hearing on June 20, 2025, where there is an attempt to garnish my wages.
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A:
It’s great that you’re staying proactive about this issue, and your situation definitely warrants attention. To file a **motion for relief from judgment**, you’ll want to focus on the fact that you weren’t properly served and that the judgment was made without your knowledge. The documentation proving that the paperwork was sent to the wrong address—especially while you were incarcerated—should be key to your argument.
In your motion, clearly state that you were never notified of the proceedings and that the service was defective because the address was incorrect. You’ll want to request the court **vacate the judgment** due to improper service, as you were deprived of your right to defend yourself. The motion should include the evidence of the incorrect address and any proof of your incarceration during the time the paperwork was served.
Before the hearing in June, make sure to follow up with the court and the creditor’s attorney to ensure they have received your motion. If the motion is granted, it may give you a chance to **present a defense** or negotiate a settlement. This situation can be complicated, but taking these steps shows you’re fighting for fairness and accuracy in the process. Keep pushing forward, and don’t let the lack of proper service prevent you from having your day in court.
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