Ok couple things:
1. You are asking a public credit talk/repair forum board for a step by step and line by line instruction on how to file a motion that will be submitted to a civil court – be careful of what you ask for, last time I checked I did not go to law school I just have the power of Google and Bing behind me not a diploma.
2. You started this tread with your argument/reason for submitting the motion to vacate as debt is past the SOL and you believe yourself to be judgment proof.
a. Clearly you are not judgment proof as Midland was able to secure a lien against a property in your name.
b. A plaintiff could have up to 180 days to serve a defendant a summons and complaint – in theory Midland could have file as early as June of 2010 are you 100% sure that SOL date is before the date Midland filed?
C. In your second posting you now want to file the motion to vacate under California Code of Civil Procedure 473.5 ~ BUT that section is Service of Summons Too Late to Defend Action.
TIME FOR FILING
Different time limitations apply depending on the ground(s) you will be claiming. Motions must be filed:
◦Within 6 months after entry of default on grounds of mistake, inadvertence, surprise or excusable neglect
◦Within 2 years of the default judgment if service did not result in actual notice in time to defend
◦Within 180 days if you are served notice of the entry of default judgment, but had no actual notice in time to defend the original case
◦At any time after a void judgment is granted, if the motion is made within a reasonable time. For a default judgment, this may be a reasonable time after the discovery of the existence of the judgment or order.
You admitted you knew Midland Funding initiated the lawsuit, you did not pursue the SOL to know about the lawsuit would mean you receive the summons and choose to ignore it as you deemed it to be a frivolous.
If you still plan to file your motion to vacate I would form a plan first:
1. Gather all statements and correspondence with both the OC and Midland regarding the account in question.
Double check, triple check your dates.
2. Find that summons and complaint most courts require the plaintiff to file proof of claim with the complaint in order to win the summons, what does the court papers say? If you don’t have a copy go down to the court house and order them, order the whole file (case) it will have the S&P, proof of service, request and ordering of the default judgment, and wit of execute for the lien of the property.
4. If you find that you have undisputed proof of SOL up prior to filing, then file that motion. This comes from the Sacramento County Public Law Library but it’s a good place to start: Relief from Defaults
5. Be prepared to answer why it is you did not show up with this evidence back when you were served.
Good luck with everything.