§ 39A-6-104 — Reopening default judgments.

(1) A default judgment rendered in any civil action against a service member during a period of state military service or within 30 days after termination of the state military service may be set aside if:

(1)(a) it appears that the service member was prejudiced by reason of the service member's state military service in making a defense to the action;
(1)(b) application by the service member or the service member's legal representative is made to the court rendering the judgment not later than 60 days after the termination of the service member's state military service; and
(1)(c) the application provides enough facts that it appears that the defendant has a meritorious or legal defense to the action or some part of the action.
(2) Vacating, setting aside, or reversing any judgment because of any of the provisions of this chapter may not impair any right or title acquired by any bona fide purchaser for value under the judgment.

Legislative History

Renumbered and Amended by Chapter 373, 2022 General Session