Sbrader23 Posted October 1, 2004 Report Share Posted October 1, 2004 Well a couple of weeks ago I got a garnishment summons for an old judgement. Knowing I could not afford the $400+ coming out of my paycheck every two weeks I got a copy of the original judgement and don't you know that they served me incorrectly way back in 200 for a citibank CC. So I filed a motion to vacate due to improper service and yesterday the judge granted the motion and reset a new trial date. Wolpoff has to send me a Bill of Particulars and I have to file a Grounds for Defense. My question is now how do I use the fact that the statute of limitations is way past up(3yrs in VA)? Any help on how I quote this in my Grouns of Defense or do I file a motion to dismiss? Link to comment Share on other sites More sharing options...
calawyer Posted October 2, 2004 Report Share Posted October 2, 2004 The statute may not be up. If the suit was timely filed in the first place, Virginia law might say that is good enough. Usually, when a motion to vacate a judgment is granted, the case is "reopened" (not a legal term) instead of dismissed and refiled. That makes a difference in terms of the statute of limitations. Check the statute on vacating judgments and see what it says. Link to comment Share on other sites More sharing options...
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