Re: "Judgment After Sol" (Curious)

Posted by Judgmental (12.228.108.56) on January 05, 2004 at 06:02:23:

In Reply to: "Judgment After Sol" (Curious) posted by Why Chat on January 05, 2004 at 03:00:56:

Would success in having a judgment vacated be dependent upon your a) presenting an adequate defense, or b) simply presenting prima facie evidence that there was an applicable defense that you would have pursued if you had the opportunity.

For instance, if a garnishment alerts you to a default judgment several years after the judgment is entered and you file a motion to vacate based on lack of service and the fact that you were still attending school at the time and was not obligated to repay...

Do you have to *prove* that you were actually attending school at the time to have the judgment vacated? Or do you just have to say that that would have been your defense if they had bothered to serve you?

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