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I was sued for a credit card in 2010. I was going through a nasty divorce and the paperwork never reached me. They won a default judgement against me in 2011. I had no knowledge of this until they garnished my wages. I got a lawyer to file a motion to get them to do a voluntary dissolution of writ of garnishment. The judgement is still there however. Can I file a motion to vacate the judgement? How? Do I have to hire an attorney?
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Yes, you will need to hire a lawyer to try to get vacation of the judgment. This is very hard to do and not often successful as "the paperwork never reached me" is not a defense if the court record shows lawful service. You will have to prove this did not happen and "I didn't get it" is not sufficient under the case law.
Answered on May 31st, 2016 at 1:04 PM