There is a process and procedure for serving defendants and initiating a lawsuit. Plaintiffs do have to follow the correct procedures for proper service. Some individuals are successfully sued and a judgment is awarded to the plaintiff without any knowledge by the defendant. The defendant only becomes aware of the judgment when the creditor begins to enforce the judgment through a bank levy or a garnishment. The question I receive from debtors is: how can they vacate or remove the judgment because they were not properly served with the lawsuit.
Usually the defendant does not learn of the judgment until after 21 days after the mailing date of the notice of judgment. In which case Rule 520(b) of the General Rules of Practice has a procedure for a defendant to vacate the judgment.
Rule 520.Vacation of Judgment Order and Judgment
(b)Vacation of Judgment After 21 Days.
A default judgment may be vacated by the judge upon a proper showing by the defendant that: (1) the defendant did not receive a summons before the trial within sufficient time to permit a defense and did not receive notice of the order for default judgment within sufficient time to permit application for relief within 21 days after notice, or (2) upon other good cause shown. Application for relief pursuant to this Rule 520(b) shall be made within a reasonable time after the applicant learns of the existence of the judgment and shall be made by motion…
The rule requires the defendant to motion the court as soon as reasonable after discovering the existence of the judgment. The motion must provide a proper showing of why relief is proper. For example, the summons was sent to the incorrect address. The motion must be filed in accordance with the proper procedures for motions filed in district court. If the motion is granted and the judgment is vacated then a new trial will be granted.
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Even if a defendant is successful in vacating the judgment, that is not the end of the story. The court will grant a new trial and this time the defendant will have the time to prepare properly for the case and develop a proper defense. Contact the attorneys at LifeBackLaw and see us at www.LifeBackLaw.com and let us help you get your life back.
