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Vacating a judgement????

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wert

Member
What is the name of your state? Florida
Is Florida a state where you can get a judgement vacated? I went to the court house and have copies of the two times court papers were "supposedly" served to my wife. It's our address, but says the person the papers were served to is the name of her ex husband from ten years ago!!
The clerk's office had no idea about vacating a judgement and I know some states don't have the ability. I tried to search to find but came up nothing either way. The judgement is from two years ago.
Can I in Florida and do I need a lawyer to do it?
 


Ladynred

Senior Member
As far as I know, you can get a judgment vacated in any state, its just that the circumstances to do so may be different in each state. Improper service is common, but also hard to prove given that state laws usually allow for several types of service that are legal.

While it does sound fishy that its your address and they claim her EX signed for it, trying to fight this now is probably not going to work. I do know that states only allow a certain time period whereby you can challenge or appeal a judgment. The longest I've seen (in my readings so far) is 2 years, but most I've seen are no more than 1 year. In CA its only 6 months. I'd have to check the FL statutes, but I'd be willing to bet your window of opportunity to challenge this has closed.
 

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