abmyers Posted April 25, 2007 Report Share Posted April 25, 2007 mnmn Link to comment Share on other sites More sharing options...
direred Posted April 25, 2007 Report Share Posted April 25, 2007 Neither of those are reasons to vacate a judgment. Link to comment Share on other sites More sharing options...
cjtx Posted April 25, 2007 Report Share Posted April 25, 2007 Depending on your situation, you may claim "defective service" or "want of service". Link to comment Share on other sites More sharing options...
thomassl Posted April 25, 2007 Report Share Posted April 25, 2007 Neither of those are reasons to vacate a judgment.I also agree! Link to comment Share on other sites More sharing options...
abmyers Posted April 25, 2007 Author Report Share Posted April 25, 2007 The reason is I wasnt served. Do I put that in the declaration too? What about the rest of it, the wording? Link to comment Share on other sites More sharing options...
cjtx Posted April 25, 2007 Report Share Posted April 25, 2007 A) the collection agency has not informed defendant of debt, and defendant has not been able to dispute validity of debt The amount of the debt exceeded the state's usury interest limitsThose are not sufficient reasons to vacate a judgment. B does not even apply if it arised from a debt to a national bank.Look at your state's rules of civil procedure for plaussible defenses.Even if you were not served, you need to be prepared to defend your case right there. Get a copy of the court records and see what they complained of and what is it they submitted as evidence and develop your arguments based on that. Link to comment Share on other sites More sharing options...
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