I was recently sent a judgement but was never told about a court appearance, what can I do?

I ‘ve been told after 10 days I can not appeal; it hasn’t been 10 business days.

Asked on July 12, 2010 under Bankruptcy Law, Kentucky

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The biggest question here is whether you got any papers about this case at all.  If not, you might be able to get the judgment vacated, but you will need to act quickly.

It is possible to have a judgment entered against you, without ever being given notice of a specific court date.  When a civil lawsuit is begun, the complaint (which states the reason for the lawsuit, and what is being asked for) and the summons are served on the defendant.  Once that happens, the defendant has to file written papers (usually called an answer) in response. If the defendant does nothing, the plaintiff can then get a default judgment, with no further notice to the defendant until after that judgment is entered.  If you got the complaint and never answered, there isn't likely to be much you can do now.

If you never got any paperwork on this, and you think you have a good defense to the lawsuit, please see a lawyer, immediately.


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