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-   -   Right To File A Motion To Vacate Default Judgement (https://www.askmehelpdesk.com/showthread.php?t=194673)

  • Mar 14, 2008, 03:58 PM
    Justice08
    Right To File A Motion To Vacate Default Judgement
    Hey,

    I need to know if I still have time to file a "Motion to vacate default judgement".
    In the first judgment I received it said I did not show up after being notified. I never received notice and did not sign any certified mail. The first date is 9/10/2007.

    I received a Final Judgment today. The case started in Ohio and is now in Georgia; under the Uniform Enforcement of Foreign Judgments Law.

    The judgment states I did not make no response or motion to the proceeding. I thought the judgment was final. Oppps I am not a lawyer.



    Please advise...
  • Mar 14, 2008, 08:56 PM
    George_1950
    What do you mean when you say, "the case started in Ohio and is now in Georgia"? You need to elaborate on the timeline. Were you supposedly "served" in Ohio? If so, you will probably need a certified copy of the return of service from the file in Ohio - to file your motion to vacate.
  • Mar 15, 2008, 04:26 AM
    Justice08
    I lived in Ohio and that's where the case started in 2000, but I never signed any certified mail. I now reside in Georgia and received the notification in Georgia in November 2007, again never received or signed a certified letter.

    Pretty much the case was allowed to come to Georgia under the Uniform Enforcement of Foreign Law.
  • Mar 15, 2008, 04:28 AM
    s_cianci
    File a motion with the court where the judgement originated - Motion to Vacate Judgement for Improper Service.
  • Mar 15, 2008, 09:28 AM
    Justice08
    Thank you.

    Do you all know of any websites that will give me examples on how to file a Motion to Vacate Judgement for Improper Service?
  • Mar 15, 2008, 09:41 AM
    JudyKayTee
    Quote:

    Originally Posted by Justice08
    I lived in Ohio and that's where the case started in 2000, but I never signed any certified mail. I now reside in Georgia and received the notification in Georgia in November 2007, again never received or signed a certified letter.

    Pretty much the case was allowed to come to Georgia under the Uniform Enforcement of Foreign Law.



    Why do you think you should have received (or signed for) a certified letter?
  • Jan 26, 2011, 07:17 PM
    mcascone
    Hi Justice08, did you ever get an answer to this, or how did your efforts go with filing the motion to vacate? I have the same problem.
  • Jan 26, 2011, 07:21 PM
    JudyKayTee

    OP has not been back since he posted the question. Why not start a thread with your question?

    And, yes, if we have some details several people here can assist you.

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