Last year I was evicted from my apt, and a judgment was entered against me (still unsatisfied). A few weeks after the hearing, I reviewed the casefile at the courthouse; turns out the process server perjured himself on the affidavit of service, which I can prove.
To clarify: The PS improperly served me to begin with. The atty I was consulting with at the time said to not worry about it, because all they would do is properly re-serve, and I would still be evicted anyway.
Back to the current matter: I've contacted several agencies (and the judge) with my proof, and no one wants to take responsibility for overseeing process servers!
Do I have any legal recourse against the PS? Can I possibly get the judgment vacated and renegotiate with the property owner and get this off my credit rpt?
It is highly unlikely. Your facts do not indicate whether the judgment was a default judgment or whether you filed an answer and defended the UD at trial. If you were not defaulted and actually defended the unlawful detainer, then your time to appeal already expired.
If you were defaulted and were evicted as a result of a default judgment, you would have to make a motion to set aside the default and vacate default judgment first. The fact that you were actually evicted, though, indicates that you had knowledge of the UD lawsuit last year.
The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.
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