What can I do when I have had a judgment against me butI never received the summons?

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What can I do when I have had a judgment against me butI never received the summons?

It was purposely mailed to an incorrect address. I now have a judgment and a garnishment against me. Can I file an appeal?

Asked on July 1, 2011 under Bankruptcy Law, Kentucky

Answers:

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

Answered 9 years ago | Contributor

A default judgment was entered against you because you did not file an answer to the complaint (lawsuit) since you never received it.

You should file a motion to set aside the default.  Your legal argument should be that you were never served with the summons and complaint and consequently were not able to file an answer to the complaint.


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