PY’s David Prichard and David Montpas successfully vacated a 4-year-old default judgment against VIA worth over $100,000. A former VIA bus operator sued VIA and obtained the default judgment against it in 2008, but VIA did not learn of the lawsuit or the judgment until the plaintiff tried to collect on it in September 2012. VIA sued the former operator to vacate the judgment because it was never served with his lawsuit. VIA moved for summary judgment, and PY successfully showed the Bexar County Court that the operator had served his lawsuit on the city clerk for the City of San Antonio – who is not legally authorized to accept service on behalf of VIA. Because the failure to serve VIA was a denial of its constitutional rights, the court ruled in favor of VIA and found the default judgment was invalid and unenforceable.
