60-309. Opening default judgment rendered on service by publication.
60-309
60-309. Opening default judgment rendered on service by publication.(a) Procedure. A party against whom a judgment has been renderedwithout other service than publication in a newspaper, may, at any timewithin two (2) years after the entry of the judgment, have the same openedand be let in to defend. Before the judgment may be opened the applicantshall give notice to the adverse party of his or her intention to make such anapplication and shall file a full answer to the petition, pay all costs if thecourt require them to be paid, and make it appear to the satisfaction of thecourt by affidavit that during the pendency of the action the applicant had noactual notice thereof in time to appear in court and make a defense. Theadverse party on the hearing of the application may present counteraffidavits.
(b) Sale for value after six months. If no proceedings arecommenced under subsection (a) within six (6) months from the date thejudgment was entered, any sale of property made to a purchaser for value inreliance upon the judgment, is not affected by any such proceedings.
(c) Judicial sales. If property is sold on order of sale under thejudgment sought to be opened, the sale is not affected by any proceedingsbrought under subsection (a). Unless the court finds from affidavits orother evidence that actual notice has been given before judgment to thedefendants served only by publication, the proceeds of the sale shall beimpounded by the court and not distributed (1) until three months haveelapsed from the time the judgment was entered, or (2) until proceedingsunder subsection (a), if brought within said three months period, aredisposed of and the right to the impounded proceeds determined.
(d) Bond in lieu of impounding proceeds. In lieu of impounding theproceeds of sale as provided in subsection (c) any party having an interestunder the judgment may give a bond to be approved by the court, for thepayment of an amount not exceeding the amount of the proceeds of sale, toother persons found in such proceedings to be entitled thereto.
History: L. 1963, ch. 303, 60-309; Jan. 1, 1964.