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served papers to day to appear in court tomorrow.

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idesign4u

Guest
What is the name of your state? Texas

I was served at 5:30 p.m. today for a court date tomorrow 9:00 a.m.. After review of the papers,it seems that a judgement has been placed against me in December 2002.I was not aware of this until today.

The judgement is against me using my "previous married" name.

I believe based on the plaintiff named, the judgement is for material purchased by the company of which I am employed.Evidently the invoice for the material was never paid.I was the sales manager on the project where the materials - (tile) was used, and the only contact the plaintiff knew.(I am assuming)

The papers state I am in contempt of court - not supplying a court appointed reciever appropriate information in regards to assests.

I assume that the reason they have gone after me in my "previous married name is that I own a home - that is still in that name? Granted to me via divorce proceedings.

Should I attend tomorrow as served? or should I hire an attorney at once?

Can I have the judgement dismissed?

Shouldn't they have gone after the Company of which I am an employee? and not me?

What will be the process tomorrow?

Can they expect me to pay court cost of $500.00 as the letter states?

Can I protest the judgement?

Thanks for any help.
 


JETX

Senior Member
There are a number of problems that you need to resolve... and that resolution will start by your appearing in court.

"Should I attend tomorrow as served? or should I hire an attorney at once?"
*** Not enough time to hire an attorney. Go to court.

"Can I have the judgement dismissed?"
*** Based on the information in your post, it appears that you should not have been named as a party. The owner of the business or the corporation itself should have been served. This alone will allow the judgment to be dismissed upon motion to the court.

"Shouldn't they have gone after the Company of which I am an employee? and not me?"
*** Yes. See above.

"What will be the process tomorrow?"
*** Based on your post, I assume that this is a hearing on a Motion to Compel (answers to the creditors post-judgment discovery). If correct, it should be pretty simple.... they (creditor) will have to show that you were properly noticed with their discovery and that you didn't respond. You can show that you didn't receive the discovery (must be by certified mail) and as such are NOT in violation.

"Can they expect me to pay court cost of $500.00 as the letter states?"
*** They are asking for sanctions of $500 for your failure to provide timely response to their discovery. If they can't show that you received them (certified), they COULD get sanctions, but from your post, that would be unlikely.

Copied from other post:
"Or should I head down to the Courthouse? and hope for the best?"
*** Hopefully, you headed for the courthouse.

"Any chance that I could have this dismissed because they should have served the company where I work, instead of me?"
*** Yes. See above.

And most important.... let us know how this went today.
 

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