Civil Judgment Dismissal Steps
Summary
If a civil judgment was entered without proper service, you can file a motion to vacate the judgment. Gather evidence such as documentation of your residency and hospitalization during the alleged service date, and obtain affidavits from witnesses confirming your location. If the court accepts your motion, the judgment may be set aside, and the case could be dismissed if fraudulent service is proven. Consider consulting with an attorney for personalized legal advice and to strengthen your case.Full Conversation
No I need your help. How can I prove I wasn't served
To prove you weren't served, consider these steps:
- Gather Evidence: Collect documentation that shows your residency and hospitalization during the alleged service date.
- Witness Statements: Obtain affidavits from family or others confirming your location during the service.
- Motion to Vacate: File a motion in court to vacate the judgment due to improper service, including your evidence.
Have you gathered any evidence so far?
If they accept the motion to vacate and the server and or the law office obviously lied to push the case forward. Can that get everything dropped
If the court accepts your motion to vacate the judgment due to improper service, it may set aside the judgment. Here are some possibilities:
- The case might be dismissed if the court finds the service was fraudulent.
- You may get another opportunity to defend yourself in court.
- Consult an attorney for personalized advice on potential outcomes.
Have you already filed the motion to vacate?
I need you to tell me how I can get it dismissed
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To get the judgment dismissed, you might want to follow these steps:
- File a Motion to Vacate: Emphasize improper service and provide evidence.
- Provide Evidence: Show documentation of your residency and hospitalization.
- Submit Affidavits: Include statements from witnesses about your location during the alleged service.
- Consult with an Attorney: For personalized legal advice and to enhance your case.
Have you gathered all necessary evidence and prepared your motion to vacate?