If I have a judgement against me but I was never told of the hearing, what can I do?

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If I have a judgement against me but I was never told of the hearing, what can I do?

I found out recently that a judgement was placed on me and I was not informed as to the court proceedings. By what manner are the proceeding supposed to inform someone about the court date? Also, how can I get this situation rectified?

Asked on February 4, 2011 under Bankruptcy Law, New Jersey

Answers:

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

Answered 10 years ago | Contributor

What probably happened to you here is that a "default" judgement was obtained against you because you did not file an answer to the summons and complaint that was supposedly served upon you.  What you need to do is to go down to the court and look at the file.  Then you need to bring a motion to vacate the default judgement based upon lack of service of the summons and complaint.  You will need to probably prove that you have what is known as a "meritorious defense" against the underlying action.  Since you have not explained what the underlying action is it is difficult to give guidance on that issue.  Good luck to you.


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