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Voiding a Judgement?


KentWA
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Last night while searching some case law for an interly different reason I ran across something I found interesting. I thought I would post it here so others can comment and maybe someone can use it to their benifit.

Recently there have been a few questions here about vacating old judgements. However most places limit vacating a judgement to 1 or 2 years. What happens when you are never served, etc and have no idea about it until years later? Are you stuck with it? Maybe not.

What about Federal Rule 60(B) procedings (Relief from Jedgement)? Rule 60(B) states:

On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(B); (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party;

In the case I ran across the debtor found out about the judgement a few years later. He had never been served, etc. Rather than try to get the judgement vacated, he attacked it collaterally via a Rule 60(B) action.

In Perkel v Stringfellow the court stated:

That there are neither procedural requirements nor time limitations to void judgements.

Since I do not have a judgement I have not researched the matter in depth, but maybe someone can find this information of assistance. I would certainly like to hear what CA Lawyer and RA think of this. :D

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admin, not sure which of us you were asking that question of, so I will pipe up also. I sure wish I had of bookmarked the decision, but since I was looking for different info I did not. xshotx

But the bottom line was the court voided the judgement due to defective service. 8-)

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