Vacating a Default Judgment: Overcoming 'Sewer Service'

Many consumers only learn they have been sued after discovering an active wage garnishment or frozen bank account. This typically occurs because of sewer service—where a dishonest process server falsifies a proof of service, falsely claiming they handed papers to you.

1. Why the Judgment Is Legally Void (Rule 60(b)(4))

Under the Due Process Clause and Rule 60(b)(4) of the Rules of Civil Procedure, a court has no personal jurisdiction over a defendant who was not lawfully served. A judgment entered without service is void ab initio (void from the beginning) and must be vacated as a matter of law, regardless of how much time has passed.

2. Drafting the Motion to Vacate

• Affidavit of Non-Service: Submit a detailed sworn affidavit establishing where you lived and worked on the alleged date of service, proving you never received the summons.
• Contradicting Physical Descriptions: If the process server's affidavit describes a person whose height, weight, race, or gender does not match you, highlight this fatal discrepancy.
• Request for Restitution: If funds were garnished or seized under the void judgment, demand an immediate order of restitution directing the collector to return all seized money.