What are my options when I was sued and never received any paperwork about it?

I received notice to appear in court and answer as to wages and assets to satisfy a debt but I never received any paperwork saying that I was being sued in the first place because they sent it to an address that I haven’t lived at in over 3 years. I was sued by the national check bureau and I have never had a check bounce that I haven’t taken care of. It also lists the garnishee as a bank in KY and I have never had an account with them. What should I do when iIgo to court. What should I take with me?

Asked on July 20, 2010 under Bankruptcy Law, Indiana


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

Answered 10 years ago | Contributor

You need to go down to court and look up the case against you.  They have a Judgement against you I am sure and this step is an attempt to locate your assets or funds to pay it off.  Then you need to file a Motion to Vacate the Judgement.  You generally need a good reason to vacate the judgement and what is known as a "meritorious defense."  Your reason to vacate is that you were not properly served with Notice of the lawsuit and you did not have the opportunity to defend yourself.  Your defense is that you are not the proper party to this lawsuit as you do not owe this debt.  I would so this NOW and not wait to go down to court for the asset search.  You want to ask the court to stop them from allowing that.  Good luck.

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