have a JUDGEMENT, never served properly,?

Question

have a JUDGEMENT, never served properly.
can i ask for dismisal due to i answered back and said i was not served correctly on court record

Answer 1

I need more information before answering this.

What state do you live in?
How did they claim you were served?
How long ago was the judgment issued?
Do you owe these people? Or is this a case of someone entering a judgement on your credit record by mistake?

I don't know your home state, but before you consider fighting this be aware that the judges are aware that the first line of defense to a judgement is the "improper service" motion. If you go and waste his time with a frivilous motion he will get quite upset and just make matters worse for you.

It's your word against the process server, so you better have a very good defense.

I'm not a lawyer, but I do some part-time process serving and I know how the game works. Contact me with some more info.

Answer 2

Well, in order to have a judgment entered against you, a complaint would have had to have been filed and that would have to be served upon you in order for the judgment to be entered. Are you sure you were not served properly? Ever see the legal notices in the paper, and do you read them? That constitutes proper service.

I would suggest you go to the court and look at all of the papers. See what is filed as for the Return and Acknowledgment of service for you. Then see what you can do.

A judgment needs appealed within so many days depending on the court, the type of judgment, etc. - that usually requires an attorney. If you haven't had legal representation before now, it may be very difficult to find one now.

Answer 3

I had public record and wasn't served properly by the courts. The judgement was filed in NY two years ago (I've never lived in NY) and I've been living in AZ all my life. It remained on on credit until recently. I kept on disputing until it was removed. My credit scores went up. So don't give and if you need legal help always seek out great a lawyer.

Answer 4

The problem is, getting a judgment set aside due to defective service is NOT that simple. In most states there is more than one legal method of service of process. ALL states include, usually as a last resort, service by publication, which means a notice in the paper. Most states allow for other forms of service BESIDES 'personal' service. That means that if the summons was not given to you directly, it still may be LEGAL service.

State law determines how long you have to challenge a default judgment. In CA is 6 months, in NY it's 1 year, it varies by state.

Answer 5

I live in Idaho & have judgments against me but was never served. I have moved a few times and received one months later with forwarding stamps but i had already missed the court date. I noticed them on my credit report and then I hired an attorney & he told me to just ignore them. about four months ago I received one and its my name but telling me my wages are being garnished from my job at CostCo except I dont and never have worked at Costco! I cant work and am disabled. I cant pay the judgments and if I had been served properly and the attorney would have informed me differently, that its crucial to attend the first hearing, then I wouldnt be so deep in this mess. Its destroying my credit and i cant wait for 20 years to disapear

Answer 6

It is never a good idea to be passive about public filings like a judgement---remember they have no incentive to remove it and your credit will suffer. Get a lawyer and have him file the proper papers, so you can say you have gone thru the process. Merely writing letters is not enough

Answer 7

the man that "served" you maximum possibly only left the workplace artwork someplace and suggested that they gave it to you. this occurs each and every of the time believe it or no longer. the aspect you want to agonize about is that a judgment has been issued. which means your wages might want to be garnished, your economic corporation costs might want to be connected and any property you own may have liens filed on it. contact the employer A.S.A.P. and artwork some thing out earlier this will develop right into a real mess.