Friday, November 21, 2014

can a judgement be granted against me if I was not notified of court date. The law firm filling knew my contact information because they sen...

Question

can a judgement be granted against me if I was not notified of court date. The law firm filling knew my contact information because they sent the ruling and garnishment instructions to my employer. Thank You.



Answer

No. If you were never served with the petition, the Judgment is null. You should go down to the clerk of court, take the documents you have been served with that show the "docket no." of the case. Have the clerk look up the case and look for a service return showing that the sheriff or someone else served you with the petition. If the service is improper, so is the Judgment. However, note that if the sheriff says he served you, you need more than just your word that he did not. A sheriff's return is presumed to be valid (as the sheriff doesn't have a reason to lie about serving you) and you need more than just your word that his service return is incorrect.



No comments:

Post a Comment