Can a bill collector use your old address to legally summon you?
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Can a bill collector use your old address to legally summon you?
Can I get a judgment thrown out if I never received the summons because it went to my old address?
Asked on February 8, 2012 under Bankruptcy Law, Washington
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You were not served with the summons and complaint (the complaint is the lawsuit attached to the summons) because it went to the wrong address. Therefore, you were unable to file an answer to the complaint with the court and serve it by mail on the opposing party within the time stated in the summons. The opposing party now has a default judgment against you. You can file a motion to set aside the default. Your argument would be that you were not served and therefore had no notice of the summons and complaint. If the court grants your motion to set aside the default, the case will then be back on track and litigation will continue
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