Never served

What is the name of your state (only U.S. law)? TX


I just received a judgment against me but I never got served with the suit. It is from another state where I had business dealings, was part of an LLC. I received certified letters that legal action may be taken against me, but I never received the claim/suit. What is my recourse here?

bruceli said:

What is the name of your state (only U.S. law)? TX


I just received a judgment against me but I never got served with the suit. It is from another state where I had business dealings, was part of an LLC. I received certified letters that legal action may be taken against me, but I never received the claim/suit. What is my recourse here?

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Where is your LLC registered and located?

bruceli said:

What is my recourse here?

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You need to contact the court and ask them to send you a copy of the lawsuit (complaint) and a copy of the 'notice of service'. The service documents will tell you how service was made. Once you have that, you will need to research what constitutes a valid service in that state.
If you find that you were not served in accordance with the requirements, you should consider filing a 'Notice to Vacate' (or 'Set Aside') the judgment.

You need to obtain a complete copy of the case file!

Call the clerk of the court to find what the costs are because you’ll need to pay the fee in advance per a money order or certified check.

Also, the clerk will normally require that you furnish the mailing envelope with pre-paid postage attached.

When you get the file take it to an attorney and explain the circumstances relating to the LLC, your participation, the nature of the claim, etc., etc.

(In fact it would probably be more expedient to have your attorney order the case file.)

But DO NOT, DO NOT under any circumstances make any appearance in that lawsuit! Not unless you have the sound advice from your attorney!

Without knowing what you are doing you could inadvertently subject yourself to the personal jurisdiction of the court.

And that jurisdictional issue, among others, is undoubtedly one that your attorney will prefer to challenge when and if the judgment creditor attempts to domesticate the judgment and enforce it in the state of your residence.

In other words, you'll want to contest the judgment in yours and your attorney's bailiwick and not in the judgment creditor’s.

latigo said:

You need to obtain a complete copy of the case file!

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Not required. All the OP needs is the judgment (just to get the information) and a copy of the 'notice of service'.

Call the clerk of the court to find what the costs are because you’ll need to pay the fee in advance per a money order or certified check.

Also, the clerk will normally require that you furnish the mailing envelope with pre-paid postage attached.

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Nothing wrong with asking if there is a fee during the contact, but it is unlikely if the OP only requested what I suggested (the CORRECT advice).

When you get the file take it to an attorney and explain the circumstances relating to the LLC, your participation, the nature of the claim, etc., etc.

(In fact it would probably be more expedient to have your attorney order the case file.)

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That might be correct IF the OP were a complete idiot. Most people can read the notice of service and understand how and where the service was made. Then it is pretty easy to determine if the service was in accordance with requirements shown at:
Texas Rules of Civil Procedure, Process Serving Laws ? ServeNow.com

But DO NOT, DO NOT under any circumstances make any appearance in that lawsuit! Not unless you have the sound advice from your attorney!

Without knowing what you are doing you could inadvertently subject yourself to the personal jurisdiction of the court.

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NOT correct... the judgment has already been rendered. From the OP: "
I just received a judgment against me but I never got served with the suit."

Thanks for all the info....seems as though it may cost me more than just paying the $3000.00 for the claim? The claim has merit, what I'm saying is that I was never served. Not sure if I really want to pursue this.

If their claim has merit and the judgment is not overly unreasonable, it is not worth the trouble of vacating a $3,000 judgment. If they turn right around and sue you again and you lose it will almost surely not have been worth it.

If you get copies of the complaint and notice of service, and it is obvious service was clearly defective, you might bluff an intent to vacate judgment while making an offer to settle for a little less. At this point, worst case is you pay the entire amount due. But don't wait too long, as interest accrues as well as other fees if not paid promptly.