CanI fight a judgment thatI didn’t know about?

UPDATED: Mar 5, 2012

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CanI fight a judgment thatI didn’t know about?

We had a line of credit that i was paying. The company closed and left no further information. They recently garnished our bank account. They said there had been a judgment against us but we had no knowledge of this since they sent it to an old address. They now say we owe court costs which has doubled the total due. do we still have any choices or do we just have to pay the whole balance?

Asked on March 5, 2012 under Bankruptcy Law, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Since you were never served with the summons and complaint (the complaint is the lawsuit attached to the summons), you did not have an opportunity to file an answer to the complaint with the court and serve a copy by mail on the opposing party within the time set forth in the summons.  A default judgment was entered against you.  You can file with the court a motion to set aside the default and serve your motion on the opposing party by mail.  Your argument would be that you were never served with the summons and complaint and therefore could not timely file an answer to the complaint.  If the court grants your motion to set aside the default, the case will then be back on track and litigation will continue.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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