View Full Version : Overturning judgements
leaner1
Aug 25, 2009, 09:36 AM
What are the grounds for over turning or vacating a judgement, what works,
Thanks
stevetcg
Aug 25, 2009, 09:49 AM
Not owing the money in the first place.
ScottGem
Aug 25, 2009, 10:16 AM
First its not a good idea to piggyback your question on someone else's. This can lead to confusion. You should start a new thread. So I've moved your question to its own thread.
Generally you can vacate a default judgment if you can show improper service. However, that's only a delaying tactic to get your day in court.
In a suit, the plaintiff has to prove their case. If they can prove you incurred the debt, you will lose.
stevetcg
Aug 25, 2009, 10:19 AM
The short of it is simple: if the debt is valid, you will not get it overturned.
JudyKayTee
Aug 25, 2009, 11:07 AM
If service is deemed insufficient, you will be served again and another Judgment will be taken.
Your arguments could be that it's not your debt; that it was bad service; that it's been paid; that it's out of Statute.
Any of these apply?