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Motion to Vacate


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I recently discovered that I had a judgment awarded against me. I was not served properly and do not reside in the county where the summons was served. The only reason I found out was via the counties website. They served the paperwork to an old family address I have not lived at since 1997.

My questions are - Do I file a motion to vacate based on improper service? Noting that if they wanted to find me I have been at the same address and place of employment for the last 5 years. On the service papers they just give a general description of a female that received the summons at the served address. I might add I had to pay for copies of all the court documents filed by them, so down $100 already.

or do I file a motion to vacate based on the fact I do not reside in the courts jurisdiction?

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Motion to vacate the judgment. Not saying they do, but even if you don't live in the jurisdiction of the court, depending on the type of lawsuit, the court could still easily of had legit jurisdiction over you.

I'm in Arkansas and sued a CA in Michigan. The AR. court had jurisdiction (long arm) which even the CA did not really dispute. So very possible they did have jurisdiction.

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It is for a credit card debt. If I don't reside in the County of the suit and have received statements at my current address, why would they not pursue in my county? I am currently involved in similar suit where the CA had no problem finding me. On a copy of the summons I never received they state

"Plaintiff is informed and believes that defendants are individuals who currently reside within the jurisdictional boundaries of the above entitled court. Therefore, this court is the proper court for trial of this action"

How can I find where the jurisdictional boundaries are?

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How can I find where the jurisdictional boundaries are?

It's not that simple. Like I posted above, you can be hundreds of miles away and still be under the jurisdiction of the court. Also the language in the contract can also dictate where jurisdiction lies.

A CA sent me a letter. The CA has no office or anything else in my state. However, that letter, even though they were hundreds of miles away, gave my local court jurisdiction. They entered where I was via letter, and violated my rights by letter sent to me.

Obviously the court having jurisdiction is a big deal. However, you need to see if for some reason how you were served is considered proper service. It's scary what can be considered proper service. If you were not properly served, although still important, jurisdiction is not as big of deal.

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How long after I submit my motion does it usually take to be heard? I have checked the local procedures and I have 30 days to file my motion but it does not mention how quickly I can be heard or if just getting a court date will stay any collection or garnishment attempts by the Plaintiff after the 30 days expire

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I have no idea about CA but in my state, I just pick up the phone, call the Judge's assistant and tell them I want oral arguments on my motion. They then set a date and mail it out to both parties.

I don't know but I would guess just the motion would stop nothing. The argument being you will get your money back if you win. I have no idea however. Your not required to sit around and leave your money sitting in bank accounts or have your pay direct deposited into the same account.

It is permissible to make yourself somewhat judgement proof or garnishment proof during this time period. Nothing requires you to make it easy on the other side to collect from you.

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