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Never got served with papers

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terrancenyc

Junior Member
What is the name of your state?
New York

Hi everyone, I just received a letter from the Marshqalls office telling me that a judgment was entered against me in March 2004 by a redit card company I owe money to, and that the marshall was going to carry out the order and start garnishing my wages in 20 days.

I was never invited to this court case, no one ever served me any papers. How can they just go behind my back and do this? Do I have any rights here? Can I get this judgment reversed? This judgment is for $1100 for a credit card I stopped using about 7 years ago.

Someone help me!! please tell me what to do?
 


seniorjudge

Senior Member
Did you move and not leave your forwarding address?

Anyway, get a lawyer and try to have the judgment set aside on the basis that you did not get service. Will it work? I don't know all the facts of your case so I cannot say.
 

terrancenyc

Junior Member
I read on the internet...

Thanks Seniorjudge,

I read on the internet that if someone doesnt sign the return certified redeipt then they have to get someone to physically serve you- is that true?
 

BL

Senior Member
Small Claims is an informal Hearing .

When one files a claim the Court Clerks send out notices of the Date and Time of the Hearing to each Party . They do not have to be served .

If by chance they used and old address and it was delivered there ( it happens ) , the Court has no way of knowing that , and presumes you have been noticed .

If you do not show the Claimant gets a Default Judgment against you .

As Senior advised you need look at the Court papers , the address they used for you , and try to have the Judgment set aside .

Besides 7 years .Ck your State's SOL = Statutes of limitations for filing a suit .
 

HomeGuru

Senior Member
terrancenyc said:
What is the name of your state?
New York

Hi everyone, I just received a letter from the Marshqalls office telling me that a judgment was entered against me in March 2004 by a redit card company I owe money to, and that the marshall was going to carry out the order and start garnishing my wages in 20 days.

I was never invited to this court case, no one ever served me any papers. How can they just go behind my back and do this? Do I have any rights here? Can I get this judgment reversed? This judgment is for $1100 for a credit card I stopped using about 7 years ago.

Someone help me!! please tell me what to do?
**A: if you paid the credit card company, all of this would not have happened.
 

seniorjudge

Senior Member
terrancenyc said:
Thanks Seniorjudge,

I read on the internet that if someone doesnt sign the return certified redeipt then they have to get someone to physically serve you- is that true?
You can believe everything you read on the internet.

Anyway, in SOME states, if the postal service marks the letter REFUSED, then that is good service.

(Of course, that rarely happens...at least in my experience with the post office.)
 

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