Default Judgement, can it be reveresed?

Question

Ok here is the deal. I was served at a place which I rarely visit. I don’t even live there to tell you the truth it was purchased as an investment property. That’s where supposedly the summons was served. Claims someone accepted it but the person they name (by first name) does not even exist also the description is not anyone I know. So I did not know about the judgment until I recently seen my credit report (wow bad), they have completely ruined my credit. I went to the civil court and viewed the documents they sent, and that summons does not have a hearing date. Just says I am being sued and to hire a lawyer and the plaintiffs name & address with some other stuff. I have a hearing to vacate the default judgment. What do you think are my chances of that happening and putting this case on the calendar considering the reasons I have mentioned. Also is it possible to this alone or should I hire an attorney to handle this for me. Any help would be greatly appreciated. Thank you

Answer 1

I just went through the same situation that you are facing. I was able to get the judgement vacated without an attorney. Just explain to the judge exacly the way you stated in your post and would probably be granted a new hearing.

Answer 2

You would need a lawyer for this, and every state varies. I would think you would need affadavits, proof that they knew you didn't actually live there, etc. to prove they did it on purpose. How did they have the address? If they could have known your real address, that might work. But it would still take a year or so to clean up your credit reports. File a letter with each ofthe three agencies stating what you are doing and that any credit report should include this dispute.

Answer 3

Hire an attorney. You will have to prove that you were not properly served. An attorney can better advise you on how to do that than us yahoos on Yahoo Answers.