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The involved party may be able to file an appeal in the court where the judgment writ was issued. The person filing the appeal will need substantiating evidence that a reasonable attempt to serve notice of the lawsuit and the judgment that was awarded to the plaintiff was not made. In many states it is not necessary for the defendant to physically accept a summons. In some states a summons may be sent by registered mail. There is also the possibility the debt was sent to arbitration thereby circumventing some of the legal steps in obtaining a judgment. The failure of the defendant to respond results in a default verdict, meaning the defendant has lost the case. The state laws will determine if the time limit for an appeal has expired. If an appeal is possible, a judge will hear the defendant's argument, review any evidence and render a decision as to the validity of the lawsuit and/or judgment.
What else can I help you with?
What do you do when a judgment is served on you?
You either pay or appeal. If there is really a judgment then you have already lost the court case.
If you cosigned for your husband's car loan and the car was repossessed do you have any recourse if you are divorced and a judgment was filed on both of you and you were unaware of it and never served?
You have very little recourse. As a co-signer, you are just as legally obligated to the debt whether you knew it existed or not. As a co-signer, it is incumbent on you to be aware of the status of the loan.
What can you do if your bank account has already been frozen and you need the money in the account to pay back some of your debt?
AnswerTry to vacate the judgment through the court that entered the judgment. This may temporarily release your bank account funds if you were not properly served.
Can a collection agency win a judgment if they cannot find you to serve with the court papers?
You have to be served in most states, be careful some private processors lie and say they serve you and then you'll never know, receive a court date, don't show and get a default judgment on you.
Can your bank account be garnished without your prior knowledge?
Yes. The banking institution does not know an account is subject to levy/garnishment until the order is served. In a few instances the account holder will have minimal notification (24 hrs). However, once the order is served no action can be taken by the account holder to protect the funds. An exception in some cases is a joint account where only one person is the named judgment debtor and/or an account contains funds that are exempted under state or federal law. If such is the case the account will be 'frozen' until it can be determined what percentage of the funds belong to each account holder.
Does the collection agency or the court notify you when a judgment is placed against you?
The defendant debtor will receive a notice of final judgment from the court where the suit was heard and a judgment was awarded. The notification may be served by an officer of the court or independent agency or it may arrive by certified mail.
Can a 14 year old be served a subpoena without parental notification?
Yes.
Can a request for default judgment be filed if there was no summons?
There can be no judgment of any sort unless the lawsuit has been filed and "heard" in accordance with state statutes. Often the defendant debtor believes they have not been legally served because the civil summons was not physically placed in their hands. In the majority of U.S. states that is not a requirement. A civil summons can be hand delivered in several ways (process server, courier such as FedEx, etc.) or it can be sent as registered mail via U.S.Postal service. The premise for such action is that a "reasonable attempt" needs to be made to inform the defendant that he or she is being sued. If the named person cannot be found and/or he or she refuses delivery of said summons the lawsuit will go forward under the default laws. In such instances a default judgment can legally be filed. The defendant does have the right to contest the validity of said judgment to have it quashed. But unless it can be proven that the required notification procedures were not followed the judgment will stand.
What do you do when a judgment is served on you?
You either pay or appeal. If there is really a judgment then you have already lost the court case.
Do you have to go to court if you are not given the subpoena in person?
More information is needed to answer this question. If you were court-ordered (by the judge) to appear, no further notification is legally necessary. If a subpoena/summons was left with a member of your household who acknowledged that you resided there it is considered as having been served.
What is the return of an arrest warrant?
A notification to the issuing court/magistrate that the warrant has been served and can be withdrawn from the computer system.
How do you appeal a default judgment to which you were never served a summons?
You have 30 days to respond to a default judgment by going to the courthouse and filing an appeal. A new trial will be set where the judge will either give you another opportunity to hear your side or vacate the judgment if you can show that you were not properly served.
How do you fight a default judgment in small claims court?
It is nearly impossible to overturn a default judgment unless you can prove that you were not served properly.
If you were never served with the divorce papers but the court granted your spouse a divorce by default are you legally divorced?
There is a process that has to be followed in court cases like this. If someone cannot be served papers, there is "public notification" that can be published in the local newspapers and the court will mail a notice to the last known address. If there is no response at the scheduled hearing, the court can allow the case to proceed. The first order of the case is too see if the proper procedure was followed. If it was then the court can rule that a default exists and the divorce is granted. One of the parties has to be present and a judgment will be entered into the court records. If the court granted a divorce then the answer is yes. You are legally divorced. You can contact the court and request a copy of the decree.
Do you get a court order letter if you get a judgment against you?
You will be served with a court order if there is a judgment against you. But long before that you would have been notified of the court proceeding.
Are you legal in bars after midnight on the morning of your 19th birthday in Ontario?
In Ontario, you can legally be served on the first business day of your birthday. Meaning, you can legally be served after 11 AM when alcohol is allowed to be poured on the day of your birthday, but not before that.
Can a summons be served to a spouse legally?
Served by WHO? But generally, yes (e.g.: in divorce cases, how else is the spouse going to be niotified to appear?).
