How to Vacate an Eviction Default Judgment for Improper Service (Sewer Service)

Challenging Fraudulent or Defective Service of Process

A disturbing number of tenants discover an eviction lawsuit only after finding a sheriff's Notice of Eviction posted on their door. In many cases, process servers falsely claim to have handed documents to the tenant (a practice known in legal circles as "sewer service").

Emergency Ex Parte Motion to Vacate

To stop an imminent lockout:

1. Immediately go to the court clerk's office and file an Emergency Motion for Relief from Default Judgment and Stay of Execution.
2. Attach a sworn affidavit stating you were never served, were out of town, or that the proof of service contains fraudulent physical descriptions.
3. Once the judge signs the emergency stay order, immediately deliver a certified copy to the Sheriff's Civil Eviction Division to cancel the lockout.