Depending on the laws and/or the rules of the courts of the state, you may have no recourse but to pay the amount of the judgment. But, it might be possible that you could apply to the court to have the judgment vacated if you have good enough reason. This type of judgment is known as a default judgment and many courts are liberal in vacating such a judgment if there is some legitimate excuse. These reasons would be spelled out in the laws or court rules. If it is proved that you did receive the papers and knowingly chose to ignore them resulting in the default judgment, the court would probably deny your request to set the judgment aside. In addition, you might have forfeited your right to take an appeal of the decision. Appealing a decision is not the same as seeking to have it set aside.
You go to the courthouse, get the forms, fill them out, pay the court fee and file the papers with the court. You then become the Plaintiff in the case and must make sure that the Defendant is properly served.
The defendant's written response to a plaintiff's complaint is called an Answer.
If you are not served court papers in California, the court may not have jurisdiction over you and may not be able to proceed with the legal case against you. This could potentially result in the case being dismissed or delayed until you are properly served with the court papers.
The rules for serving court papers vary by jurisdiction, but in general, court papers can be served after 5 pm if allowed by the specific rules of the court or the laws of the jurisdiction. It is best to check the rules of the court where the papers are being filed for specific guidelines on serving court papers.
If the plaintiff (that is the person who filed the law suit) wins (i.e. is awarded a judgment), then they can attempt to collect the money that they were awarded by the Court. There is no guarantee that they will be able to collect any money, as the Court is not involved in this process and it is up to each individual plaintiff to collect on their judgment.
The court issues a summons or process and a sheriff or summons server delivers it to the individual. Papers are served as a result of an action filed with the court, then the court notifies those involved that they must appear.
Check with your attorney to see if the papers are served. Or check with the server that you used to serve the wife. When the divorce papers are served the server has to report it to court that the papers have been served so check the court records if your attorney is not available to answer your questions.
How do you find out when someome was serves with a law suit papers.
The court awarded compensation to the plaintiff for the injuries he received in a car accident.
If a judgment has been awarded by the Court, you can no longer fight it. If your state allows, and you are within the statute of limitations (usually 30 days after the judgment has been awarded) you may be able to appeal.
Yes,
The court clerk or process server will typically provide a proof of service document indicating when and how the defendant was served with the court papers for the small claims case. This document is then filed with the court as confirmation of proper service.