Does this make a Judgement invalid?

Discussion in 'Credit Talk' started by Hal, May 24, 2002.

  1. Hal

    Hal Well-Known Member

    In December 1994 I retired from the Navy in Maryland and left the state a day later, moving to California. The house I lived in was vacant for over two months.

    I have a default judgement that was obtained after I left the state (not on credit reports) . I was reviewing the judgement and it indicated that I was served notice of the filing/hearing on January 12th - I was almost 3000 miles away by that time.

    Since this looks like a false proof of service, is this grounds for having the judgement dismissed?
     
  2. keepmine

    keepmine Well-Known Member

    Hal,

    What exactly does it say? If it says you were physically served and you weren't in the state then, that is bad service. But, does it say something like a letter sent to your last known address then, maybe not. It just depends on what Md. law says is proper service for someone in absentia.
     
  3. Hal

    Hal Well-Known Member

    It says "I served a copy of this summons and complaint to the responding party at XXXX Main Street, Baltimore, MD on (date).
     
  4. keepmine

    keepmine Well-Known Member

    Hal,

    I'd say it's bad service and should be grounds to have it vacated.
     
  5. wajaba

    wajaba Well-Known Member

    I don't know if this is a requirement in Md, or if my process server was just very thorough, but on my judgement's Affidavit of Service the guy actually listed my height, weight, hair color, and eye color. Again, this is probably a red herring, but is there anything like that on your paperwork?

    wajaba
     

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