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An attempt was made at a residence I have lived at for 15 years. I do not live in the States. Can a summons that was not delivered become a judgment?
Service of summons must be perfected for it to ever come to a default judgment against the defendant. I'm sure they are looking at other avenues to serve you - but, at this point, it sounds as if you have yet to be properly served. So, no default judgment (which would only come after you not filing an answer in time AFTER your summons)
Can a collection agency garnish your wages if you don't respond to a summons served in CA?
Yes. They can get a writ of judgment and enforce it in the form of wage garnishment. In civil court when a defendent does not answer a summons the plaintiff wins the case by default. Sometimes an appeal can be filed if there is a justifiable reason the defendent could not appear at the hearing.
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.
How do you legally remove a judgment that you were not served notification of?
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.
Can a collector use a judgment to garnish your wages if you were not served a lawsuit summons and given a chance to defend yourself in court?
It is possible for a creditor to receive a judgment by default when the debtor does not appear on the date of the trial (hearing). In most instances all that is needed is for the creditor plaintiff to make a reasonable attempt to serve the person named on the civil summons and not necessary for the summons to be physically placed in the defendant's hands.
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.
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.
What do you do if you were not served and now have a default judgment?
If you were not served and now have a default judgement, you can ask the court to vacate the default judgement. You have 180 days from the discovery of the judgement to file this motion.?æ
How long do I have to respond to a judgment served against me?
The time frame to respond to a judgment served against you typically varies by jurisdiction. Generally, you may have between 20 to 30 days to respond by filing an appeal or motion, but it is essential to check the specific rules and time limits in your local court. It is crucial to act promptly to avoid potential consequences such as a default judgment.
If you were never served a summons but the summons was accepted by another person at the residence can you appeal the judgment that was entered against you?
What appeal action if any that could be available to the debtor depends upon the laws of the state. In most cases a civil summons does not have to be delivered into the hands of the named person, only that a reasonable attempt has been made. In a case where the summons was accepted by a member of the household the law would presume that the named person would have been made aware of such and should have responded within the required time limit and/or appeared at the date of the hearing.
Summons not served?
If the summons is not served, it will be returned to the court. The only time a summons is not served is if you are not home, or they have a wrong address for you.
Can a bench warrant be issued for failure to appear in court for a civil case where the summons was sent in the mail but never personally served on the defendant?
A bench warrant will not issue in a civil action for failure to appear on a summons. At best, the party who fails to appear will have a judgment entered against him/her whether it was served by mail or not. Failure to answer a summons is simply tantamount to admitting the allegations in the complaint are true and judgment should be entered as requested.
