A case can move forward at an address you left. If a default judgment was entered after the papers never reached you, many states let you ask the court to set it aside. Start by finding the case in the court's own records. Service rules and deadlines differ by state, so act fast.
What happened
You learned about a court case late. The summons went to an address you moved away from, or it was left at a door you no longer use. Now you are not sure how far the case went, or whether a judge already ruled. Ignoring it at this point tends to make things worse.
What usually applies
Start with the court file, because it shows what really happened. In California, being past the 30 day answer window does not always end it. The state courts tell people they may still have time to file an Answer, so it is worth checking with the court. If a default judgment was entered and the summons did not bring actual notice in time to defend, California has a motion to set that judgment aside. It is due at the earlier of two dates: two years after the judgment, or 180 days after written notice that it was entered. New York lists lack of jurisdiction as one ground for relief from a judgment. Service problems are often argued that way. Other states set their own rules, and a judge decides each request.
“If it's been more than 30 days since you got the Complaint , you may still have time to file an Answer.”
“When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against the party in the action, the party may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action.”
“The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against the party; or (ii) 180 days after service on the party of a written notice that the default or default judgment has been entered.”
“4. lack of jurisdiction to render the judgment or order”
What to do
- 1
Find the case in the court's records
Search the court website by your name, or call the clerk. Ask for the case number and the last order.
- 2
Read the proof of service in the file
That paper shows the address used, the date, and how the papers were left. Compare it to where you lived.
- 3
Give the court your current address
Most courts want this in writing. Later notices then reach you instead of your old home.
- 4
Do not skip a date you now know about
If a hearing is already set, go to it. Missing one can add costs or penalties on top of the case.
- 5
Call legal aid this week
Legal aid offices and court self help centers read court files for free and know your state's service rules.
Call legal aid as soon as you find the case, not after the next notice arrives. In most states the clock starts at the judgment date or the notice date, so waiting costs you options. A court self help center can print your file and explain what the last order did. Your local 211 line can find the nearest free office.
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Sources
- California Courts Self Help Guide, Debt LawsuitsRetrieved 2026-07-31
- California Legislative Information, Code of Civil Procedure 473.5Retrieved 2026-07-31
- New York State Senate, CPLR 5015Retrieved 2026-07-31
Last reviewed 2026-07-31