How to get a default judgment in a lawsuit vacated or set aside?

A default judgement was entered against me almost 2 1/2 years ago while I was on active military duty. I had no knowledge of the summons and complaint or the notice of judgement lien; I was not personally served. Court records show that the summons and complaint was allegedly served on someone at my mother’s address, though that person did not sign. The notice of judgement lien was sent via certified mail but returned to sender. Now, the court is trying to seize my van.

Asked on May 23, 2012 under Bankruptcy Law, Michigan

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can file a motion to set aside the default.  Your argument is that you were never served and therefore did not have an opportunity to timely file an answer to the complaint with the court and serve it by mail on the opposing party.  File your motion with the court with an attached proof of service and serve the opposing party by mail.

If the court grants your motion, the case will then be back on track and litigation will continue.


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