Judgement by default

[Kara]

I have a judgement against me by default in California. The service performed was illegal, in that I mean "I" ( I wasn't there) was served at my last known address (in California) to my mother even though she stated she hadn't seen me in years. Can she file a motion to set aside on my behalf without admitting to my whereabouts so I have more leverage to settle out of court with the party who has the judgement?

[LawGuru]

I'm afraid your mother cannot do that. Judgment of default can be set aside or vacated by courts at the instance of the defendant - YOU. Meaning, as you were the real party in interest, its going to be you who must file the same. It is you who will have to come to the court and explain why you are entitled to such relief.

Further, you must have a meritorious defense. I don't think you can invoke lack of actual notice in this case as you were not genuinely unaware of the pending case against you. You cannot invoke this ground when lack of notice was the result of your own inexcusable neglect or avoidance of service.