Can I get a judgement vacated if the subpoena was issued improperly?

I was recently sued by a credit card company and they won a judgement. However, the subpoena was just left on my door and not with an adult. Is this grounds to get the judgment vacated or a new trial and if so, how would I go about doing so?

Asked on July 25, 2010 under Bankruptcy Law, Maryland

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am assuming that the subpoena relates to appearing so that someone can question you as to your assets so that they can use that judgement that has been entered against you.  What you have to do is to go down to the court and file a motion to vacate the judgement.  You have to have a good reason why you did not answer the summons and complaint and what is known as a "meritorious defense" in most jurisdictions.  That means that you have to have a defense to the lawsuit that would have in some way effected the judgment as to possibly have a different outcome in the case.  This is not an easy thing to accomplish.  Get some help with all of this possibly by a credit counseling agency in your area.  Look on the website for the attorney general's office.  Good luck.  


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