If I file a motion to vacate a judgment...

[ImaBird]

...because I wasn't properly served, do I have to show up in court, or is that something that is settled out of court?

[one who knows]

if you decide to file a mvj then it is very important for you to appear in the court

when you file ask the court if you need to be there and what happens if you don't appear.

[ImaBird]

Here's my story:

I have a judgment from Palisades. OC is Chase Bank. The judgment was made on 1/31/07 (exactly a year ago).

My ground is this: I was never served.

I use a UPS Store mailbox as a mailing address, and have experienced missing mail a few times with them over the past few years, so it wouldn't surprise me if that is the case here as well. The fact is, they will not have a green card with my signature on it.

What are my chances of winning? Has anyone else fought a Palisades judgment before?

[one who knows]

you could use this in your motion to vacate,however i would find out what the rules for proper service are in your state,since court rules differ from state to state. if you consider the ups store to be your legal address then if the complaint was served cmrrr,they won't you need your signature on the green card. just the signature of the employee who signs for the mail at the store.

[Recovering Attorney]

Don't those UPS boxes flow back to the USPS? If so, there is a way for process servers to find your street address.

You need to get teh Court file and see what all the papers say, including the affidavit of service. And you wil likely need to show a defense to teh action other than " I wasn't served." Also, check your rules, one year might b too late to bring the motion. A Jersey lawyer would know.

[ImaBird]

Holy moly! Isn't there another way to get this crap off my report!!!???

Guess I'll call the Clerk of Courts...

[ImaBird]

03/26/2007 Garnishment ret'd - no record of Defendant (JP Morgan Chase Bank) 0.00 0.00

03/26/2007 Garnishment ret'd - located no deposit accts (JP Morgan Chase Bank) $0.00 $0.00

03/15/2007 Successful service Method : Civil Certified Mail Issued :

03/12/2007 Service : Garnishment Served : 03/13/2007 Return : 03/15/2007 On : JP Morgan Chase Bank NA-Bank One Signed By : LORI WXXXXX Reason : Successful Service Comment : Tracking #: 7112436946800763062 $0.00 $0.00

03/12/2007 Issue Date: 03/12/2007 Service: Other Method: Civil Ordinary Mail Cost Per: $ 0.00 Axxxx, Sarah J 10663 Lxxxx Mxxxx Road Lxxxxx, OH 45xxx Tracking No: O000029647 $0.00 $0.00

03/12/2007 Issue Date: 03/12/2007 Service: Garnishment Method: Civil Certified Mail Cost Per: $ 0.00 JP Morgan Chase Bank NA-Bank One 608 W Pxxxx St Bxxxx, OH 45xxx Tracking No: 7112436946800763062 $0.00 $0.00

03/09/2007 Garnishment signed by Judge Brock $0.00 $0.00

03/01/2007 Praecipe for ordinary mail filed $2.00 $0.00

03/01/2007 Court Order of Garnishment (cert. mail service) filed $26.00 $0.00

02/20/2007 Payment of deposit money made to : Javitch Block & Rathbone LLP $20.50 $0.00

01/31/2007 Default Judgment Entry filed & signed Brock $0.00 $0.00

01/30/2007 Motion for Default Judgment filed $4.00 $0.00

01/09/2007 Judge Transfer $0.00 $0.00

01/09/2007 Judge Transfer $0.00 $0.00

01/02/2007 Judge Transfer $0.00 $0.00

11/01/2006 Successful service Method : Civil Certified Mail Issued : 10/30/2006 Service : Summons on Complaint Served : 10/31/2006 Return : 11/01/2006 On : Axxxx, Sarah J Signed By : Evans Reason : Successful Service Comment : Tracking #: 7112436946800632534 $0.00 $0.00

10/30/2006 Service by cert. mail Issue Date: 10/30/2006 Service: Summons on Complaint Method: Civil Certified Mail Cost Per: $0.00 Axxxx, Sarah J 106 Lxxxx Mxxxxx Road Loxxxx, OH 45xxx Tracking No: 7112436946800632534 $0.00 $0.00

10/30/2006 Summons and copy of Complaint issued $0.00 $0.00

10/27/2006 Classification form filed $0.00 $0.00

10/27/2006 Deposit on Civil Case $20.50 $0.00

10/27/2006 Ordinary Mail Waiver $2.00 $0.00

10/27/2006 Certified Mail (1 Defendant) $6.00 $0.00

10/27/2006 Complaint filed $57.50 $0.00