I have a judgement, but I never received a summons for court

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Latest post 01-24-2008 5:21 PM by kastet. 4 replies.
  • 12-26-2007 5:52 PM

    Question [=?] I have a judgement, but I never received a summons for court

    I received a call from a lawyers office stating they have a judgement against me, and they are demanding payment. The issue is I was never served with a summons, or papers about the court date or anything because they had the incorrect address. Do I have any options, or any addtional time to work with lawyers or the courts?


    Thanks,

    Lights151
  • 12-26-2007 7:43 PM In reply to

    re: I have a judgement, but I never received a summons for court

    You could try to have the judgement vacated because of the wrong address, but at the end of the day, if you owe the money, you're just buying yourself some time. Why don't you try to negot a repayment plan before they levy your accounts?
  • 12-27-2007 12:07 AM In reply to

    re: I have a judgement, but I never received a summons for court

    First thing I'd suggest you do is get down to the courthouse and review your file and see what happened.

    You really aren't going to be able to do anything without doing that first.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 12-28-2007 4:51 PM In reply to

    re: I have a judgement, but I never received a summons for court

    You need to bring a motion to vacate the judgment for lack of notice in the court that entered the judgment. An attorney can do this for you if you are out of state. Then, if you really owe the money, you will have leverage to negotiate a settlement, and if you do not, then you can fight the case.

    Michael D. Siegel, Esq.

    Siegel & Siegel, P.C.

    One Penn Plaza

    New York, New York 10119

    Phone: 212-721-5300

    email: sieglaw@optonline.net

    website: www.siegelandsiegel.com

    Serving the metro New York area, including New Jersey

  • 01-24-2008 5:21 PM In reply to

    • kastet
    • Not Ranked
    • Joined on 01-24-2008
    • Posts 2

    re: I have a judgement, but I never received a summons for court

    All the other responses arent correct.

    If your new address was never given or was/is hard to find (concealed, private, not published), and the papers were sent to another address which was the last address known to the creditor/collector, it is sufficient service assuming they mailed and left papers at that address (but this you will never find out)

    Even if you do owe the money there are many laws that can prevent them from collection. See if they can show some proof that you actually owe the debt.

    To vacate a jmnt isnt hard. Go to the clerk and you will get guidance.
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