Time limit to vacate default judgement?

[Fade to Black]

Must it be done within a certain time frame or can I wait until the SOL runs out on the debt (which is 2 more years) before I try and vacate it?

I was not served properly and the judgement is from CA courts.

[Guest]

Most of the time if a complaint is filed and judgment has been received within the SOL.. getting the judgment vacated only means that the SOL was TOLLED (or stopped) for the entire time the bad judgment was on the books.

You would still be within SOL

[Recovering Attorney]

Vacating a judgment is a matter of state procedural law. Normally, you have a limited amount of time. in NYS, for example, it is one year from the date of the judgment. You bring a motion to vacate. Your affidavit shuld contain 1) a plausible reason why you did not answer in time and 2) a plausible defense to the action.

[Fade to Black]

California code states the following:

116.740. (a) If the defendant was not properly served as required

by Section 116.330 or 116.340 and did not appear at the hearing in

the small claims court, the defendant may file a motion to vacate the

judgment with the clerk of the small claims court. The motion shall

be accompanied by a supporting declaration, and shall be filed

within 180 days after the defendant discovers or should have

discovered that judgment was entered against the defendant.

( The court may order that the enforcement of the judgment shall

be suspended pending a hearing and determination of the motion to

vacate the judgment.

© Upon a showing of good cause, the court may grant the motion

to vacate the judgment. If the plaintiff is not present, the court

shall hear the motion in the plaintiff's absence.

(d) Subdivisions (d), (e), and (f) of Section 116.730 apply to any

motion to vacate a judgment.

What does it mean by 180 days after discover or should have discovered?

I moved out of state and was not properly served. It does not show on my credit report. I have not applied for credit. How am I supposed to know that a judgement was entered against me if I never knew the case was in court?

[Recovering Attorney]

The 180 days starts to run when you fnd our about the judgement. That is more liberal than many statutes

[calawyer]

The credit report is a good example of when someone "should have discovered". If a judgment is reflected on the report and plaintiff knows you got a copy of the report, the plaintiff can argue that you should have known about it even if you didn't actually notice the notation.

How did you find out about the judgment?

[Fade to Black]

I found out about the judgement from the court's website. Does this mean the 180 days is started or can I wait until it appears on my report which it has not done?

[Recovering Attorney]

I guess you know or should know about it.

[Fade to Black]

I know being dishonest is not what this board is about. But, with that being said, I feel that I should be notified somehow, not me searching the internet to find out if someone has obtained a judgement against me.

I did not know there was a court case, I was not served a summons, I did not answer the summons, I did not appear in court and I found the courts website after the fact. I would have appeared if I knew. I was 1200 miles away in a different state and time zone. Not one piece of mail concerning the case ever came to me.

Where is the debtor's examination of assets? Most likely, the same place as the summons. Some place where I used to live. The plaintiff has no idea where I am. So, they file suit and obtain a judgement against an absentee defendant. So, if I am the average person who moved to another state, how am I supposed to find out about a judgement that I knew nothing about? Most likely from my credit report. Until I receive a notice from the court or it appears on my credit report, I am not going to start the 180 days.

It also makes me laugh that it is also 180 days of residency before you can file bankruptcy to discharge the judgement that you knew nothing about.

Sorry if this post offended anyone.