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    Justice08's Avatar
    Justice08 Posts: 3, Reputation: 1
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    #1

    Mar 14, 2008, 03:58 PM
    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...
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #2

    Mar 14, 2008, 08:56 PM
    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.
    Justice08's Avatar
    Justice08 Posts: 3, Reputation: 1
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    #3

    Mar 15, 2008, 04:26 AM
    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.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #4

    Mar 15, 2008, 04:28 AM
    File a motion with the court where the judgement originated - Motion to Vacate Judgement for Improper Service.
    Justice08's Avatar
    Justice08 Posts: 3, Reputation: 1
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    #5

    Mar 15, 2008, 09:28 AM
    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?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Mar 15, 2008, 09:41 AM
    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?
    mcascone's Avatar
    mcascone Posts: 1, Reputation: 1
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    #7

    Jan 26, 2011, 07:17 PM
    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.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Jan 26, 2011, 07:21 PM

    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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