How to file an opposition to a motion to vacate a judgment?
I won a judgment on default per he did not show up at the court hearing. I just recieved a file to vacate the judgment on per not being served in the proper form, however I have proof from the Police Department that they attempted to serve the papers, they spoke to him on the phone as well, and he declined being served. That was all submitted at the time and the judge said that would work because the police dept did what they could and he was avoiding the case. Please help now what's my next step to oppose this motion to vacate the judgment? [question from Broomfield, Colorado]
What court are you in? What does the police department return of service say? Do you actually have a judgment entered? If the default judgment truly entered, then presumably the judge looked at the service and considered it sufficient. Usually the judge catches a bad return of service document and refuses to enter judgment. When a motion to vacate due to bad service is filed, several issues arise (assuming that judgment actually entered, just having a hearing and the person not appearing is not a judgment, a written order of the court "entering judgment" for and against and in a certain amount is judgment. So, assuming you have a real judgment:First, was the motion to vacate filed within 6 months of the date of the judgment.
If not, the other side is going to have a much harder time vacating the judgment because the rules provide that the other side must prove several things in addition to bad service.Second, does the return of service from the police actually say they either served the "complaint" and "summons" on a person over the age of 18 at the residence, or on the defendant at some other place? If not, if the return says "attempted" then you do not have good service, and the default is probably no good.If you think you have a good judgment and good service after reading this, pay for an hour of an attorney's time to review all your stuff and tell you how much it would cost for them to "ghost write" a response to the motion to vacate for you (under CRCP 11(b) if the lawyer is unfamiliar with the new rule on unbundled legal services.)