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Can you contest a small claims judgment against you if you were never served the court paperwork?
Wiki User
∙ 10y ago
Possibly, it depends on the circumstances. The claimant or their agents would have to show that they have made every effort to find you but were unsuccessful. If you have, for example, moved to several addresses and not kept your creditor informed then they could argue that you made it too difficult to find you.
If they just didnt make an effort to contact you then yes, you should talk to a lawyer about contesting the finding. This goes to the issue of service of process and the concept that you must be served with the summons and complaint in order for the court to have "personal jurisdiction" you. Note, through, that depending upon the State and the kind of case involved, personal service is not always required--for example, some States allow service of process upon the Secretary of State in some circumstances if a diligent effort of personal service has been made.
Another view: This question could have two possible answers DEPENDING ON what paperwork you are referring to and what stage of the process you are asking about.
If the question is about NOT being notified of the proceedings then the above answer might apply.
HOWEVER - if you are complaining about not being served with the court decision that awarded the claim to your creditor - you are out of luck - at least in the short run.
If they were awarded the judgment 'in default' (because you did not show up or raise a defense) you MAY be able to petition the court for a re-hearing, but you had better have some pretty convincing evidence to present in order to overturn the original finding and award. Generally, in a situation such as tha,t you have to be able to demonstrate a valide reason for not appearing in court or filing an answer (whichever was required) and that you have a valid, legal defense to the claim.
Wiki User
∙ 10y ago
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Can you become an attorney if you have a small claims judgment against you?
Yes
We have a small claims judgment against a person and that person dies how do we collect?
YOU SUE THE ESTATE
How do you collect awards in small claims court?
To collect an award in small claims court, you will typically need to ask the court to enforce the judgment. This usually involves filing additional paperwork to request the court's assistance in collecting your judgment, such as a writ of execution or a garnishment order. You may also have to work with the court to locate the defendant's assets that can be used to satisfy the judgment.
How long does it take for credit companies to obtain a judgment against you?
Depends on how long they want to charge late fees. Usually 18 months deliquent, but filing a small claims against you can be immediate. Also they can garnish your wages after there is a judgment. Watch out!
How do you get a judgment against someone who owes you money?
Go to your local courthouse. File a small claims court case against the person. Show up in court and present your case.
How do you put a lien on a car?
Contact the clerk of the district court in your jurisdiction. They will tell you the necessary procedures. Which forms you need to fill out, have notarized, proof of your claim, etc. You might consider Small Claims Court, which is simpler, but it is for monetary claims only (at leasst in the states I am familiar with). I am assuming you are asking foryourself, rather than how a lien could be filed against you. Regardless the basic procedure is the same. The papers are filed, a hearing is held, a judgment may or may not be granted.If a judgment is awarded, there is further paperwork/action that has to be done to enforce the judgment. If it is in New York State, you file a lien against a vehicle's owner through the Department Of Motor Vehicles. It costs about $350.
When a judgment is executed is it an 'automatic' lien on the debtor's property?
A judgment in most cases (except for small claims) can be executed as a lien against real property. It is not "automatic" the judgment creditor must file the judgment as a lien against property solely owned by the debtor or if the portion that is owned by the debtor when the property is jointly held. Judgment creditor liens cannot be placed against marital property held as Tenancy By The Entirety where only one spouse is the debtor.
In Nevada can your only vehicle be taken if you don't pay a judgment from small claims court?
If the court order is to lien your assets, yes. Possibly, if there is a loan against the vehicle, the lien may not be able to attach it. You must check locally and carefully read the judgment against you.
What if the defendant is in a different state Can you file a small claims case then?
Yes, you can file a small claims case against a defendant in a different state but there may be limits on the jurisdiction depending on the state's laws. You may need to file the case in the state where the defendant resides or where the issue occurred if it meets the legal requirements for jurisdiction in that state.
What happens after a judgment is entered against you in small claims regarding a rental property?
The prevailing party (judgment creditor) may collect on the judgment. You may be summoned to court to tell about your assets, garnishment may be started, or other lawful means of collection may be used, at the judgment creditor's discretion.
What is required to sell a small claims judgment?
If you have a valid small claims judgment that is wholly or partially unsatisfied, you may assign the judgment to a third party by filing an Assignment of Judgment form with the clerk of the court. Contact the court for a copy of this form.
In Michigan how long can a vehicle repo judgment last?
It depends on if it was a small claims judgment or a civil judgment. Small claims are good for 6 years from the date of judgment and civils are good for 10 years. The judgments can be renewed before they expire.
