Vacating Judgement more than 1 year old

[frustratedguyhere01]

Hi, I wanted to vacate a judgment that is more than a year old. In the state of California, I have up to 2 years to do so. My argument would be that I didn't recieve a notice of summons. What documents should I bring to prove my case. I was thinking of bringing old documents, but I don't think I have any that is around that time. Or can I just go and tell them I didn't recieve it and the burden of proof would be on the plaintiff? Thanks

[Guest usctrojanalum]

The plaintiff already has their evidence which will be the affidavit of service. What you want to provide is a copy of a utility bill, lease, drivers license, bank statement or any other type of document that proves you lived at a different address than the one you were served at when the litigation was pending.

[soveu53]

Aww so glad your in california, go for it, I had to do the same thing a lousy process server claimed he served me in a small claim actions. Well the action took place in 2008 I fought it after the 2 year period and had it vacated. You need to file a motion to vacate and your defense will be lack of proper service locate the court code and put it on your declaration.

I sent a notice to the credit reporting agencies and they removed it from my CR and it hasnt been re reported since

SMALL CLAIMS

HOW TO VACATE A DEFAULT JUDGMENT

If a judgment is entered against a person who did not appear at trial, the non-appearing party can ask the court to vacate the judgment in certain circumstances.

If the Plaintiff did not Appear (CCP Section 116.720)

• The case is automatically dismissed without prejudice meaning the plaintiff may re-file for the same case again.

If the Defendant did not Appear (CCP Section 116.730)

• A defendant who failed to appear for trial must first ask the Small Claims Court to vacate or set aside the judgment, by filing a notice to vacate the judgment. The motion shall be filed within 30 days after the clerk has mailed notice of entry of judgment to the parties.

If the defendant was properly served, he/she must file a “Notice of Motion to Vacate the Judgment and Declaration” (SC-135) with the small claims court within 30 days after the date the court mailed the “Notice of Entry of Judgment.” This motion form fee is $20.00.

If the defendant was not properly served, he/she has up to 180 days after learning that the judgment was entered to file the “Notice of Motion to Vacate Judgment and Declaration.” (SC-135) (CCP Section 116.740). This motion form fee is $20.00.

1. To make this request, the defendant must file a “Notice of Motion to Vacate Judgment and Declaration” and explain why he/she did not appear at the hearing.

2. The clerk will schedule a hearing. The request to vacate the judgment may be granted, but only if the judge finds good cause for the defendant’s not having attended the hearing.

If the motion is denied, the defendant has 10 days from the date of denial or of the mailing of the notice of denial to request a review of the denial. This request is accomplished by filing a “Notice of Appeal “(SC-140) of the denial with the Small Claims Court. This appeal form fee is $75.00.

[Massive]

Hi, I wanted to vacate a judgment that is more than a year old. In the state of California, I have up to 2 years to do so. My argument would be that I didn't recieve a notice of summons. What documents should I bring to prove my case. I was thinking of bringing old documents, but I don't think I have any that is around that time. Or can I just go and tell them I didn't recieve it and the burden of proof would be on the plaintiff? Thanks

You should know how to proceed now.

[frustratedguyhere01]

Hey soveu38, which court code did you use?

[frustratedguyhere01]

did you bring any documents for your defense? I got substitute service and was thinking of just getting a signed document from those that were living there stating that no one received a notice. Hmm.. my is also different because it was filed as a Limited Civil Case