I was sued and a judgement was awarded against me because i did not appear. The papers they served me with found their way to the right address (i was not home when they were droped off), but the official address they used when they filed was the wrong one, one where i never resided. Was this legal? Is there a loophole for me to at least make them go through the whole process again voiding the original judgement since they had the wrong address? This was a business line of credit through a bank that i defaulted on but tried numerous times to settle out or work out a new payment plan but they would not negotiate anything with me. I settled all my other debts except this one because they would'nt work with me at all.
2006-08-29 09:25:42 · 7 answers · asked by westcoastcrush 1 in Business & Finance ➔ Credit
I need to know the state you live in, since each state does have differant laws regarding process serving. I can think of a couple possible loopholes, but I need to know the state.
It is perfectly legal to serve you if the address on the complaint is incorrect. The plantiff only has to prove that YOU got the complaint.
If you go to court to fight it, I can guarantee you won't get very far. The first thing the judge is going to do is look at the "proof of service" paperwork and see that you were served, and on time. He will look at you and ask "why didn't you appear in court to contest this". Claiming death sometimes works, but most judges are smart enough to see through that. Therefore, without a defense, your dismissal motion will be rejected real fast.
You can try filing an appeal to the judgement, but if this was a small claims suit, appeals are not allowed. Again you are stuck.
The only other thing you can do is (if allowed in your state) file an "Motion for Installment Payments" with the judge. Tell the judge your current budget situation and see if he will order a payment arrangement you can handle. They judge can order it, and it places a "stay" on the plaintiff from getting liens or garnishments against you.
Good luck.
2006-08-29 13:02:31 · answer #1 · answered by Anonymous · 0⤊ 0⤋
It will cost you to bust the judgment, and you have to wonder if you gain anything worth the cost of doing that.
You can also always negotiate a reduction in payments or a payment schedule on the judgment, but if they wouldn't do so before, they may not now. Have they moved against any property you own? Do you have property about which that could be a concern?
Is the judgment against you personally? Was the line of credit in yur name, or your business'? Only a consultation with a local lawyer can answer what you can do legally to fight this, but anything more than a consult will cost you, and ultimately it might make more sense to pay.
2006-08-29 09:34:55 · answer #2 · answered by C_Bar 7 · 0⤊ 0⤋
If you 'were' properly served (regardless of the address that is listed on the summons) in the time allowed (per your state), I don't think you would have much of a chance. You could try...but.....
If you were 'not' properly served in the time allowed, then yes fight it.
If you were properly served, why did you not answer the summons and show up to fight it?
2006-08-29 09:56:01 · answer #3 · answered by echo 7 · 0⤊ 0⤋
Some interesting information at...
http://www.CreditManagementWorld.com
Look at the section about Fair Debt Collections Practices Act.
2006-09-01 04:09:41 · answer #4 · answered by Anonymous · 0⤊ 1⤋
legally, you always have the right to petition the courts for another hearing... doesn't mean you'll get it. When I got divorced, my ex wife destroyed the apartment we had because she's a vindictive little so-and-so... landlord sent the court summons to her in both our names, knowing full well I wasn't there to get it, she never told me, so I lost by default. I had to go so far as to get a change of venue, but eventually I did manage to get out of paying the $12,000 worth of damage she did
2006-08-29 09:40:56 · answer #5 · answered by Grimm 2 · 0⤊ 0⤋
whats the point? You refuse to pay, have no defense, so the judgement is going to reinstated even if you get a new court hearing.
Just accept the judgement, and figure out how you are going to pay the bank.
2006-08-29 09:30:02 · answer #6 · answered by Anonymous · 3⤊ 0⤋
It depends on when you were finally served. If it was within thirty days, you had a responsibility to answer the complaint.
You need to get an attorney. He/she can better tell you what your options are.
2006-08-29 09:31:40 · answer #7 · answered by Toga748 2 · 0⤊ 1⤋