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    rocking's Avatar
    rocking Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Nov 13, 2008, 09:03 AM
    Can a judgment be vacated because it was filed in a county in which I have never live
    I was improperly served with a complaint which was left on my porch with my teenage daughter. She forgot about it and a default was entered against me. IN the complaint it states that I am a resident of a certain county and bound by the jurisdiction of that county. I have never in my life lived at the address on the complaint or lived in the county they say has jurisidiction over me.

    What can I do.

    Thank you
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Nov 13, 2008, 09:06 AM

    You can try to have the judgment overturned/vacated, but they will just refile the suit against you in the right county, etc. and you will still owe the amount stated in the original suit. You were not improperly served if your daughter was over age 14.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Nov 13, 2008, 09:08 AM

    As long as a family member is served, that would be accepted, so I don't think you can vacate on improper service.

    You might get it vacated on the wrong venue, but, as noted, they will just reserve you as you walk out of the courtroom.

    So, unless you can prove the debt is invalid, I would try to settle.
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