Can I get a property lien released if I was not properly notified about a judgement?

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Can I get a property lien released if I was not properly notified about a judgement?

A judgement/lien was filed against me by a collection agency in 2005. I was never notified of either nor is their any proof of notification on record. The collection agency has no proof of notification either. Both the agency and the county clerk say they were not required to notify me. I’ve gone through the WA state codes and there is nothing specifically stating this.

Asked on May 16, 2011 under Bankruptcy Law, Washington

Answers:

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

Answered 10 years ago | Contributor

The fact that you claim you were never served with any paperwork regarding a lawsuit and the judgement is not ok.  Our legal system is in part premised on the fact that each party should have a chance to be heard on a matter in dispute and the courts go out of their way - at least they are supposed to  - to make sure that parties are properly served with papers.  Otherwise the court does not have the authority - called jurisdiction - to render a decision in the matter.  You need to go to the court in which the lawsuit was brought and look up the matter.  Then you need to review it carefully to see if you have a basis to bring a motion to "vacate" the judgement.  Good luck.    


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