How can an attorney grasp a judgement against me if I be never notify of the handling or the court date?
I received a letter from an attorney regarding a debt. I sent a communication back asking for the specifics on the debt. I sent a copy of the request to the court as well, adjectives certified with return receipts.
I heard zilch.
Now, I have a letter, beside a judgement against me and paperwork I have 45 days to complete and file near my county. I thought it might be a scam, but I checked my county clerk of courts and the case number is valid.
Can they legally do this to me?
Answers: If you receive a catch sight of that a default judgment have been issued against you and you were not aware of the court date, hastily go to the court and request copies of all the paperwork.
Look for mistakes and misinformation, especially on when and how you be notified. If you beleive you were not given "due process" consequently you can file a motion for rehearing or motion to dismiss with the court.
If you can prove that you be not given due process, the judge must consider your circumstances. It's possible to have the skin dismissed. Unless you are very comfortable with file pro se (by yourself) I highly encourage you to discuss your satchel with an attorney well versed within credit and debt consumer law.
LEGAL DISCLAIMER: The advice contained herein is for informational purposes just. It is not to be construed as Legal Counsel nor Legal Advice.
Anyone can send you notice that you owe money or something
But when it comes to court you hold to be served with a sopenia (not right spelling) it tells you to attend court and you will be hear for your defense
So you should get a lawyer. Because if you forget about the court date and don't show up, you will have the case step against you and you will have to put up with the courts finding
I think I know what "attorney' this is because they have a reputation for creating fraudulent documents to carry judgements against people. I would get a advocate asap (or at least get a consultation next to one) did they even give you a court date? If so, I would go and agree to the judge know about what you wrote above. Also, when a debt collector tries to help yourself to clients to court, they usually do not show up anyway. Dont fret, call a lawyer...youll be ok :) some collectors are rabble. But do take care of this urgently because judgements=wage garnishments, frozen bank accounts, seizing assets...basically a mess. All the attorney had to do was show that he/she tried to serve you near a summons and was unable to do so due to a fruitless address or refusal of service. This is usually done by using a process server licensed by the state in which you live who signs an affidavit stating they tried to serve summons. Contact the court again and get the details of your casing, when did they try to serve you, did they try to serve you?
sounds like a summary judgement
http://en.wikipedia.org/wiki/Summary_jud...
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I heard zilch.
Now, I have a letter, beside a judgement against me and paperwork I have 45 days to complete and file near my county. I thought it might be a scam, but I checked my county clerk of courts and the case number is valid.
Can they legally do this to me?
Answers: If you receive a catch sight of that a default judgment have been issued against you and you were not aware of the court date, hastily go to the court and request copies of all the paperwork.
Look for mistakes and misinformation, especially on when and how you be notified. If you beleive you were not given "due process" consequently you can file a motion for rehearing or motion to dismiss with the court.
If you can prove that you be not given due process, the judge must consider your circumstances. It's possible to have the skin dismissed. Unless you are very comfortable with file pro se (by yourself) I highly encourage you to discuss your satchel with an attorney well versed within credit and debt consumer law.
LEGAL DISCLAIMER: The advice contained herein is for informational purposes just. It is not to be construed as Legal Counsel nor Legal Advice.
Anyone can send you notice that you owe money or something
But when it comes to court you hold to be served with a sopenia (not right spelling) it tells you to attend court and you will be hear for your defense
So you should get a lawyer. Because if you forget about the court date and don't show up, you will have the case step against you and you will have to put up with the courts finding
I think I know what "attorney' this is because they have a reputation for creating fraudulent documents to carry judgements against people. I would get a advocate asap (or at least get a consultation next to one) did they even give you a court date? If so, I would go and agree to the judge know about what you wrote above. Also, when a debt collector tries to help yourself to clients to court, they usually do not show up anyway. Dont fret, call a lawyer...youll be ok :) some collectors are rabble. But do take care of this urgently because judgements=wage garnishments, frozen bank accounts, seizing assets...basically a mess. All the attorney had to do was show that he/she tried to serve you near a summons and was unable to do so due to a fruitless address or refusal of service. This is usually done by using a process server licensed by the state in which you live who signs an affidavit stating they tried to serve summons. Contact the court again and get the details of your casing, when did they try to serve you, did they try to serve you?
sounds like a summary judgement
http://en.wikipedia.org/wiki/Summary_jud...