Civil actions: setting aside default or default judgment.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Enrolled
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Overview
This bill changes how defaults and default judgments are handled in civil lawsuits. It clarifies that a defendant who didn’t receive proper notice of a lawsuit can still file a motion to set aside the default, even if the lawsuit was served legally. The bill also introduces new requirements for proof of service, including requiring photographs when service is attempted or completed, and establishing a ‘reasonable diligence’ standard for personal service attempts. These changes will take effect on January 1, 2027.
Key provisions
- Defendants who didn't receive proper notice can still file motions to set aside defaults and default judgments.
- The bill defines ‘reasonable diligence’ for personal service of process, requiring at least three attempts at delivery.
- Proof of service must include at least one photograph of the service location, if obtainable without compromising safety.
- New requirements for photographs include a readable stamp and GPS coordinates.
- The bill clarifies that these changes apply to proofs of service filed on or after January 1, 2027.
- It does not alter a court’s authority to determine motions for relief from a judgment based on a proof of service filed before January 1, 2027.
Who is affected
- Individuals facing civil lawsuits
- Debt buyers
- Attorneys
- Process servers
- Courts
Notable changes
Bill text
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Sponsors
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1 on record
Primary sponsor
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