A judgement was won against me for monies I owe. I have received the details through the Sherif's office at my parents house. My points are: I have not been served papers by the plaintiff and they can't find me as they don't have my address. Do I go to the court and tell them that they pretended to serve me or do I keep quiet???? The amount is $13000.
2007-04-10 23:34:08 · 7 answers · asked by LadyTron 1 in Politics & Government ➔ Law & Ethics
Keep quiet. Add it to your debt. Basically, there was a judgment made by default (lack of you appearing in court). You don't have to be served. Attempts just need to be made. You have the right to appeal but only if you can prove the monies false. ???
2007-04-10 23:36:54 · answer #1 · answered by M & M 2 · 1⤊ 0⤋
First question is: Do you owe the money? If you do then you have little recourse. If you signed a note with bank or run up credit card debt, it was your responsibility to keep the companies you owed money to advised of your current address. If the company served the papers to the last known address on file, which is your parents, and they didn't return the unopened Notices to the Court advising that you no longer resided there, then it will be assummed that you were served.
Above poster is correct and you just ingnore the matter, sooner or later they will freeze any bank accounts and request the balances in them from Court and garnish your wages. If you own any real estate, many states have where a Judgment is automatically attached to it.
2007-04-11 00:10:27 · answer #2 · answered by bottleblondemama 7 · 0⤊ 0⤋
It is possible they legal obtained this order against you. The common way if a plantiff is unable to find the person/s they are trying to sue to publish in the newspaper of the last known address for three weeks once a week. That is considered proper notice. So if you have been unable to be found by the sheriff's office they probably published against you. There is no other way they could have gotten a judgement against you.
They can't "pretend" to serve you, if they have you service in person it has to be done by a sheriff or a certified server who inturn after serving someone has to file an affidvate stating they served you.
Sounds like you are going to have to pay, good luck
2007-04-11 05:38:56 · answer #3 · answered by Jeni 4 · 0⤊ 0⤋
You lost the civil suit? Were you served with the original papers telling you that you were being sued in court and informing you of the court date?
If the above is true, you are toast. You owe the money. The papers given to your parents were nothing more than a notification effort. The deputy was not serving a warrant.
They don't need to find you. Fail to pay the judgment and watch your property get seized, your bank accounts emptied, and your wages (if you work) get garnished.
Don't ignore this, it is more trouble than it's worth.
2007-04-10 23:45:28 · answer #4 · answered by Anonymous · 1⤊ 1⤋
As you have, in fact, received "the details", you are deemed to have been served! Legislation already deals with people like you who are trying to avoid service! Unless you make an application to court to set aside the default judgment, you're stuffed!
2007-04-11 02:16:57 · answer #5 · answered by SteveK 5 · 0⤊ 0⤋
The plaintiff could not have petition the court for the execution of judgement. Thus, you are not being served any orders.
2007-04-10 23:37:50 · answer #6 · answered by FRAGINAL, JTM 7 · 0⤊ 1⤋
you have to challenge service....and service must be achieved for the law suit to have happened...and since a sheriff has no reason to lie since he is putting his job on the line it is more likely you were served and didn't know it...you got mail and threw it away by mistake or a family member was served at your parent's house and they accepted it and forgot or hid it.
2007-04-11 06:09:33 · answer #7 · answered by Dr. Luv 5 · 0⤊ 0⤋