Did you lose a lawsuit due to your absence in the District Court of Maryland? Fret not, as you have an option to rectify this situation by filing a Motion to Vacate the Judgment. Through this legal motion, you can request the court to nullify the judgment entered against you and grant you a fresh trial.
Unraveling the Motion to Vacate Judgment
If you find yourself in a predicament where you were sued and lost due to non-appearance in the District Court of Maryland, there’s hope. Attorney Ben Akech, an accomplished legal expert, has successfully managed numerous cases where judgments were vacated. This often occurs when the defendant was not properly served. Entities like banks, lenders, credit card companies, and debt buyers frequently secure judgments against individuals who miss court appearances owing to their failure to receive the Summons and Complaint.
Judgments Vacated: The Why and How
In many instances, individuals are blindsided by judgments against them, only discovering the issue when faced with wage garnishments or frozen bank accounts. However, there’s a silver lining – such judgments can be deemed entered in error due to improper service. According to Maryland law, you possess the right to file a Motion to Vacate the Judgment at any time. This empowers you to seek the court’s revisory power and control over the judgment.
Maryland Rule 3-535(b) underlines this legal avenue, stating: “(b) Fraud, Mistake, Irregularity. On motion of any party filed at any time, the court may exercise revisory power and control over the judgment in case of fraud, mistake, or irregularity (emphasis added).”
Deciphering the “Mistake”
The term “mistake” within this context specifically refers to a “jurisdictional mistake.” This was elucidated in the Chapman v. Kamara case (356 Md. 426, 436, 1999). Essentially, this pertains to judgments entered without proper service of process, resulting in the court lacking personal jurisdiction over a party.
The Path to Justice: Vacating the Judgment
While the road to vacating a judgment is not without its challenges, it is a viable avenue in cases where proper service was never accomplished. Post-judgment vacation provides you, the defendant, with the opportunity to construct a robust defense against the initial lawsuit. It’s important to note that affidavits of service, although deemed prima facie evidence of proper service, can be contested if you were never truly served. This was reinforced in the Ashe v. Spears case (263 Md. 622, 628, 1971).
Connect for a Complimentary Consultation
If you’re grappling with the discovery of a judgment against you, one that was never appropriately served, we’re here to help. Reach out to us for a free consultation. Attorney Ben Akech boasts a wealth of experience representing clients before the Circuit and District Courts. Whether it’s in the counties of Montgomery, Prince George’s, Anne Arundel, Howard, or Baltimore City, we’re here to guide you through this complex legal landscape.
Feel free to contact us if you’ve unearthed a judgment against you that stemmed from improper service. We’re here to offer support and explore avenues to remedy this situation. Your defense is paramount, and Attorney Ben Akech is committed to assisting you every step of the way.
