Can I oppose the judge decision to vacate my default judgement?

[andyl9063]

There was a hearing and the defendant did not show.

 

I won the default judgment. A month later, the defendant file a motion to dismiss judgment. 

Hearing and he shows up.

 

The reason the judge decided to vacate my default judgment was because he was not properly serve and in the wrong county. The serve papers were given to his roommate.

 

The transaction took place in that county, the defendant was living there and he own the property at that address.

 

Apparently, he owns another property in another county. The judge say i need to file suit in that county and serve him at that address.

I know he was living at the place where he was served, I saw him. Could he have change the address on his license to show to the judge? 

Couldn't anyone do this and get away from it?

 

Any tips?

[BTO429]

You have to prove that he maintained residence where you served him, if it is not the proper venue then the other party should have file a motion to change venue. You need to look up your states rules of trial procedure and see if the judge has discretion to dismiss for wrong venue.