judgement

[blueroom44]

blueroom44 tx CAN YOU HAVE A JUDGEMENT FILED AGAINST YOU IF YOU NEVER BEEN SERVED PAPERS. THE JUDGEMENT WAS FILED AGAINST ME JUNE 2006, I COULD NOT ANSWER IT BECAUSE I NEVER BEEN SERVED ,CAN THEY FILE A DEFAULT JUDGEMENT. I LOOK THE CASE UP AND THERE WAS NO SERVICE DATE. I GOT A CALL FROM THE LAW FIRM STATED THEY WOULD NOT FILE A DEFAULT JUDGEMENT IF I AGREE TO AGREED JUDGEMENT, TO PAY BACK IN INSTALLMENTS. WHAT SHOULD I DO, IF I HAVE PROOF THAT I WAS NEVER SERVED PAPERS.

[Debt Guy]

First, see that key on the left side of the keyboard? The one that says "Caps Lock"? Take a pocketknife, pry it off and throw it out the window. Typing in all caps is rude and hard to read.

Q. CAN YOU HAVE A JUDGEMENT FILED AGAINST YOU IF YOU NEVER BEEN SERVED PAPERS.

A. Yes. Most states allow for legal service to be executed by publication if they cannot find you to serve by mail or in person. A few states allow service to be accomplished by nailing the summons to the gate. Most states allow service to be accomplished by leaving the summons with any person in the household more than 14 years of age. There are many ways for service to be accomplished.

Q. THE JUDGEMENT WAS FILED AGAINST ME JUNE 2006, I COULD NOT ANSWER IT BECAUSE I NEVER BEEN SERVED ,CAN THEY FILE A DEFAULT JUDGEMENT.

A. Go to the courthouse and ask to see the judgment file. Read it and see what it says about proof of service. If you think the service is bogus, you should be able to file a motion to vacate the judgment. The Court Clerk can show you an example of a motion.

Q. I LOOK THE CASE UP AND THERE WAS NO SERVICE DATE.

A. If you are looking online, forget it. Go to the courthouse and look at the paperwork.

Q. I GOT A CALL FROM THE LAW FIRM STATED THEY WOULD NOT FILE A DEFAULT JUDGEMENT IF I AGREE TO AGREED JUDGEMENT, TO PAY BACK IN INSTALLMENTS.

A. OK. So what? Your word against theirs. It it ain't in writing, it never happened.

Q. WHAT SHOULD I DO, IF I HAVE PROOF THAT I WAS NEVER SERVED PAPERS.

A. You do not have proof that you were not served. Yes, the summons may not have been stapled to your forehead -- but states have different rules for what forms of service is acceptable. At this point, you don't know what you have.

[blueroom44]

ok Debt man I did what you said I went to the courts and got a copy of the original petition and there was no order for process service.

[Debt Guy]

Here is what I said:

Go to the courthouse and ask to see the judgment file. Read it and see what it says about proof of service.

The proof of service will be in the judgment file. It is not a part of the summons and complaint. If you don't know what you are looking for, you need to ask the clerk for help.

Sorry for the confusion but I think you did not get everything you needed.