How do I proceed if I had a judgement filed against me 3 years ago but was never notified

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How do I proceed if I had a judgement filed against me 3 years ago but was never notified

Since  wasn’t notified of the suit i never appeared in court so a judgement was entered against me. Should I file a motion to set aside the default or to have the judgement vacated?

Asked on July 15, 2011 under Bankruptcy Law, Texas

Answers:

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

Answered 9 years ago | Contributor

File a motion to set aside the default.  Your argument is that you were never served with the summons and complaint.  Therefore, you never had notice and an opportunity to file an answer to the complaint.  The complaint is the lawsuit.


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