What can I do about vacating a Default Judgment past the response time limit if I just now found out about it?

Bankruptcy and Debt 6 views 2 answers
The original case was served to the wrong address in 2009 and I'm not sure where the default judgment information was sent to but was decided in 2011. I didn't know about any of it until I got paperwork for a garnishment hearing a month ago. I filed to vacate the default judgment based on the fact that I can prove I was never served but the attorney is claiming that my motion is invalid since I didn't respond within 6 months according to r60(c). I am also nearly 100% sure this is not actually my debt as I never had the CC they are collecting and I can't find it on my credit report. The only evidence they have submitted is a computer screen shot of something with my name and an account number and nothing else. Where can I go from here?

Attorney Answers

2
Andrea L CrawfordPersonal Injury LawyerAnthem, AZ ·
Under Arizona Law, you can file a Motion to Vacate Judgment for 6 Reasons: (1) mistake, inadvertence, surprise or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(d); (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation or other misconduct of an adverse party; (4) the judgment is void; (5) the judgment has been satisfied, released or discharged, or a prior judgment on which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or (6) any other reason justifying relief from the operation of the judgment. If the Judgment was entered more than 6 months ago, you need to use reasons 4, 5, or 6 for your Motion. I would suggest both reason 4 and 6. Further, your motion should show that you have a valid defense against the debt, so obtaining your credit report, bank statements from the time period, and anything else you can think of, is very important, as the judge will be hesitant to vacate a judgment just to have a trial and get a new judgment against you. If you have already filed your motion and the attorney has already responded, you are allowed to file a reply to that response. You should contact a debt defense attorney for a consultation asap as replies have to be filed within days.
0 upvotes
William Jay Rose IIDebt Settlement AttorneySanta Monica, CA ·
I am a California attorney and cannot advise you on AZ law. I can however pose a question for you: Do you expect PLAINTIFF's attorney to advise YOU truthfully? I'd look closely a this. I can also suggest a few questions for local counsel representing your interests: 1. How does your constitutional right to notice of an adverse lawsuit apply here? 2. Does the AZ court have "equitable" authority to set aside the judgment apart from statutory authority? I suspect you'll like the answers.
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