How do I have a judgement set aside if I never received any notice of intent to sue me?
Full Question:
There is a judgment on my credit report but I was never served any papers or notified in any way of a lawsuit. What form do I need to get this removed/deleted/set aside or is there something else that I need to do? The judgment was entered in January of this year.
03/19/2009 |
Category: Civil Actions ยป Default Judg... |
State: Tennessee |
#15692
Answer:
It is possible for a judgment to be made against a defedant by default when the defendant fails to make an appoearance by filing an answer. However, the plaintiff needs to show reasonable attempts were made to locate the defendant in order to serve the defedant with a summons. In some cases, the court will allow substituted service to be made, such as publication in a newspaper, when diligent attempts have failed to locate the defendant.
Please see the following TN court rules to determine applicability:
55.02. Setting Aside Default.
For good cause shown the court may set aside a judgment by default in
accordance with Rule 60.02.
60.02. Mistakes — Inadvertence — Excusable Neglect — Fraud, etc.
On motion and upon such terms as are just, the court may relieve a party
or the party's legal representative from a final judgment, order or
proceeding for the following reasons:
(1) mistake, inadvertence, surprise
or excusable neglect;
(2) fraud (whether heretofore denominated intrinsic
or extrinsic), misrepresentation, or other misconduct of an adverse
party;
(3) the judgment is void;
(4) the judgment has been satisfied,
released or discharged, or a prior judgment upon which it is based has
been reversed or otherwise vacated, or it is no longer equitable that a
judgment should have prospective application; or
(5) any other reason
justifying relief from the operation of the judgment.
The motion shall be made within a reasonable time, and for reasons (1) and (2) not more than
one year after the judgment, order or proceeding was entered or taken. A
motion under this Rule 60.02 does not affect the finality of a judgment
or suspend its operation, but the court may enter an order suspending the
operation of the judgment upon such terms as to bond and notice as to it
shall seem proper pending the hearing of such motion. This rule does not
limit the power of a court to entertain an independent action to relieve
a party from a judgment, order or proceeding, or to set aside a judgment
for fraud upon the court. Writs of error coram nobis, bills of review and
bills in the nature of a bill of review are abolished, and the procedure
for obtaining relief from a judgment shall be by motion as prescribed in
these rules or by an independent action.
