Where can I find a copy/draft/template/outline for one? I need to file because my DH summons was served to my MotherinLaw at her residence and she accepted, but "forgot" to tell us until now. A judgement has already been set. I need to appeal so that the court will temporarily stay the judgement until we can get proof this is even our debt. We have never given her authority to sign for anything. What can I do?
2006-10-17 01:23:40 · 1 answers · asked by rd 2 in Politics & Government ➔ Law & Ethics
We live in Iowa now but the original litigation was from Maryland.
From what I can tell it was a credit card from 1997 that was $3,000 limit, $6000 w/fees, Approx $9,000-10,000 with the judgement.
Again I have seen no original paperwork with my DH's info on it, or any paper stating how those numbers came about. Hubby Doesnt remember having this card, but says he was irresponsible with his bills at the time so it is possible.
2006-10-17 05:40:07 · update #1
Well, the proper recourse probably isn't a motion to quash.
If the summons was left with the improper party, i.e. you have never lived at that residence, and/or your wife did not live at that residence when the papers were served, then you can file a Motion to Set Aside the judgment. This will not stop the lawsuit from going forward, but it will allow you to make an answer to the Court on the judgment.
You didn't indicate how much the judgment is for or in what state you are living. I would suggest you contact an attorney who can file the appropriate motion for you and assist you in this matter. The money you pay an attorney will be worth the lack of hassle and the possibility that you will file the papers incorrectly and result in the judgment being final. If you don't know an attorney, contact your local or state bar association for a referral.
2006-10-17 05:08:43 · answer #1 · answered by Phil R 5 · 0⤊ 0⤋