29A.92  Reopening default judgments.

1.  A default judgment rendered in any civil action against a service member during a period of military service or within thirty days after termination of military service may be set aside under the following circumstances:

a.  It appears that the service member was prejudiced by reason of military service in making a defense to the action.

b.  Application by the service member or the service member's legal representative is made to the court rendering the judgment not later than thirty days after the termination of military service.

c.  The application provides enough facts that it appears that the service member has a meritorious or legal defense to the action or some part of the action.

2.  Vacating, setting aside, or reversing a judgment because of any of the provisions of this chapter shall not impair any right or title acquired by a bona fide purchaser for value under the judgment.

Section History: Recent form

  2002 Acts, ch 1117, §26, 40


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