Update: Judgment Issued For Debt Last Dec, Debt Isn't Mine And Was Never Served

Location: North Carolina

Hello everyone, ​I posted here late last year regarding an unpaid company vendor judgment that I was wrongfully named in as an individual employee, and I wanted to share a major update. First, I want to say a huge thank you to the community and the kind individual who responded with great advice on my original post.

​Following the advice I received, I handled this entirely pro se. I filed a Rule 60(b)(4) Motion to Vacate a Void Judgment (due to lack of personal jurisdiction from defective service), combined with grounds for Misjoinder under Rule 21 and lack of individual liability. ​When I initially approached opposing counsel late last year after discovering the judgment, he took an aggressive stance by way of telling me to ask my parents why they hadn't handed me the summons, claimed the company was "defunct," and insisted his client would not agree to eliminate what they believed was an enforceable judgment without payment. However, their lawyer did show me the return of service, which showed that someone else had signed for it, not me. ​When I formally filed and served my 30+ page motion and scheduled the hearing, I backed it up with the following documentation:

​Proof of Defective Service / Separate Residence: - ​My current driver’s license (redacted license number) showing my actual address, which completely differed from the old family address where they claimed to have served me.

- ​The recorded Warranty Deed from when I purchased and closed on my home years before this action was filed.

- ​An official letter from the power utility confirming continuous utility service in my name at my home starting on my closing date.

​Proof of No Ownership / Non-Liability (Agency Law): - ​Articles of Conversion and corporate filings showing the business entity structure, signed strictly by the actual owners (my parents), with my name nowhere on the filings (debunking counsel's claim about the business entity).

- ​Annual Secretary of State reports confirming ownership. ​Consecutive years of W-2s proving I was merely an ordinary W-2 employee when I signed the vendor quote sheet, with zero personal guarantee language.

- ​The opposing firm’s own Writ of Execution, which they had issued exclusively against my parents' property, showing my name was never even targeted for collection.

A few days before our scheduled court date, the opposing lawyer notified me that he would not appear "strictly for economic reasons" and that his client had authorized him to consent to my motion. We executed a Consent Order to Vacate the Default Judgment and Dismiss all claims against me individually with prejudice. ​As of today, the judge has signed the order and it has been officially entered and indexed with the court!

​For anyone dealing with something similar: don't let aggressive collection letters intimidate you into paying debts you don't legally owe. Do your homework, gather objective third-party paper trails, and know your civil procedure rules. ​Thank you again, Reddit!

Original post below

https://www.reddit.com/r/legaladvice/comments/1p6lsai/north_carolina_judgment_issued_for_debt_last_dec/