Vacation of Judgments

Question: Can bank leave paperwork at my mother’s house if I do not live there? I am being sued for a banking debt. The paperwork was delivered to my mother’s home. She tried not t o accept it since I don’t live there. They just left the paperwork on her porch. I actually have no contact at all with my mother at all. She eventually gave me the paperwork, but it was way past the allotted time frame to respond by. Can I legally do anything about this?

Answer:

  1. Find out if a judgment has been entered against you.
  2. Immediately file a motion to quash service and if a judgment was entered, to vacate the judgment.
  3. It should be supported by your affidavit and if at all possible proof of where you did reside on the date of alleged service. There is a corroboration requirement in IL state court.
  4. There is no time limit for moving to vacate a judgment for lack of service/ personal jurisdiction, but you need to act asap.
  5. Within 30 days it is possible to get a judgment vacated in Illinois state court relatively easily, so if you are within 30 days get a motion on file with or without corroboration.
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