Setting aside a judgment for fraud
3 attorney answers
You have 30 days from the date of the judgment to appeal to circuit court, assuming this case was in district court originally. If you filed your motion to vacate the judgment within 10 days of the entry of judgment, then the 30 day appeal time does not start to run until after the judge rules on your motion to vacate. However, if you filed your motion to vacate more than 10 days after entry of the judgment, then the 30 day appeal time runs from the date of the judgment regardless of when the court rules on your motion. So, you need to first determine whether your 30 day appeal time has expired. Once expired, that's it. There's no amount of arguing about what a great defense you had to the case, since it's too late to have those arguments heard once judgment has been rendered. Your issue about improper service was likely deemed waived once you made a general appearance in the case at the first court date and the trial date was continued. You have failed to explain (a) why you appeared at the first court date despite lack of service, and (b) why you did not appear at the rescheduled trial date after having appeared at the earlier trial date and were aware it was being postponed. If the 30 day appeal time has not expired, then you can file an appeal, which you must do in writing in the district court. The case will then be transferred to the circuit court. if you can't understand or figure out what your options are, then I suggest paying a lawyer to review the procedural posture of your case and get some badly needed advice.