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I was never properly served a summons can I file a motion to vacate default judgement without filling an appearance? I'm pro se.

Crystal Lake, IL |

Default judgement was issued for a debt that I believe I do not owe. I am within 30 days of the judgement and was never served a summons. The court has an affidavit of an alias summons from a process server that is fraudulent. Do Ifile a motion to quash and a motion to vacate judgement or do I need to file an appearance even though I was never able to respond to the alias summons?

Attorney Answers 3


  1. That is exactly what you should do - file a Motion to Quash and Vacate. If the court wants an appearance, the judge will ask for it. Set your motion for hearing and send notice to your opponent.


  2. Consider contacting a consumer/debt collection attorney at naca.net. If you get the service quashed the debt collector can have you reserved and the case will go forward. A consumer attorney may be able to negotiate a complete resolution.

    The answer given is for informational purposes only and does not constitute legal advice. Dwight Bowen is a bankruptcy and consumer attorney and may be contacted at (404) 880-3310.


  3. Yes, you should file the motion to quash and a motion to vacate the default judgment. If you were not properly served you have no obligation to file an appearance, so there is no need to file one at this time. However, some court clerks might require you to file an appearance before they will allow you to file any other documents in the case. If so, they will let you know when you try to file your motions.

    This response is not legal advice and does not create an attorney/client relationship. This response is intended to provide general information about the matter in question. Often, the question does not include important facts that, if known, could significantly change the reply and make it unsuitable.