I recently looked up my credit report and found that I have a judgemnet against. The judgement was filed 2 years ago in Califonia. I have been moving and haven't updated the change of address so I never received any court paper to serve me. I was reading that if I wasn't served properly, I could file a motion to vacate the judgement as long as I wasn't serve properly under California Civil Code Procedure Section 116.330 and 116.340. So I took a deeper look into both sections and found that:
Section 116.330The clerk must cause a copy of the claim to be mailed to the defendant by any form of mail providing for a return receipt.
When I look into the court summary for my case, it shows the clerk sent a certified mail. However, if I was never able to receive the certified mail due to change of address, then I wasn't served properly. I would like to file a motion to vacate the judgement base on the improper serving.
My question is the aforementioned evidence enough for the court to vacate the judgement?
Please feel free to comment, thank you very much.