What can I do when a verdict has been rendered against me by default but I never received my court appointments or documentation?

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What can I do when a verdict has been rendered against me by default but I never received my court appointments or documentation?

I was sued by my former employer for using a company car. The entire case information was mailed to my mother’s house (which I haven’t lived in for 3 years) and I didn’t receive the court appointments. A verdict was rendered by default because of the failed appearance on my part. What can I do? I didn’t even know I had to go to court. I just got a letter in the mail which my mom forwarded me saying that I’m liable for 22k.

Asked on July 28, 2011 New York

Answers:

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

Answered 10 years ago | Contributor

You should file a motion to set aside the default.  Your argument is that you were never served with the summons and complaint.  The complaint is the lawsuit.  Since you were not served, you did not have notice of the lawsuit and did not have an opportunity to timely file an answer to the complaint.


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