Can I vacate a 3 year-oldjudgment?
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Can I vacate a 3 year-oldjudgment?
Yesterday I received a notice of right to have exemptions designated. It shows that a judgment had been filed against me in 2007. I have no memory or record of any summons to appear in court for this. This stems from a debt in 2002. Is there any way for me to vacate that judgment?
Asked on October 20, 2010 under Bankruptcy Law, North Carolina
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Yes, generally each state has a set of laws that deal with procedure and what to do in the case of a default judgement (which is what it appears that happened here to you). "Default" means thatno one answered the Summons and Complaint and that the matter proceeded against you in court to the point of a judgement being entered. Most states require that you bring a Motion to Vacate a default judgement and that you include a really good reason why - you claim here that you were not served with the papers - and that you have what is known as a "meritorious defense" meaning that you would have been able to defend yourself in the action if it had proceeded in court with you there. Yo may need some legal help here. Good luck.
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