Sued by former apartment complex but never served

[Omroash16]

This happened at the end of 2013. At the time I was in a rough spot and moved out of my apartment to go to a rehab center. I was never served and didn't know I was being sued. While checking my credit report recently I saw this info on there. Also I live in the state of Missouri. Is there anything I can do since I was never served? The judge ruled for a default judgement since I was a no show since I was never made aware of the court date.

 

[Zigner]

This happened at the end of 2013. At the time I was in a rough spot and moved out of my apartment to go to a rehab center. I was never served and didn't know I was being sued. While checking my credit report recently I saw this info on there. Now I live in the state of Missouri. Is there anything I can do since I was never served? The judge ruled for a default judgement since I was a no show since I was never made aware of the court date.

What state is the judgment from?
There's a good chance that you were properly served, but we'd need to know the state to know if for sure if that's a possibility. I would recommend that you get a copy of the case file to see how they say you were served. In any case, after four years, it's quite possible that it's too late to do anything anyway.

 

[Omroash16]

What state is the judgment from?
There's a good chance that you were properly served, but we'd need to know the state to know if for sure if that's a possibility. I would recommend that you get a copy of the case file to see how they say you were served. In any case, after four years, it's quite possible that it's too late to do anything anyway.

We live in Missouri. It says they turned to serve him and it was returned and hired out and that it was left at the residence. But like i said he moved out of the apartment end of Nov. and it says they left it there at the end of December.

 

[Zigner]

We live in Missouri. It says they turned to serve him and it was returned and hired out and that it was left at the residence. But like i said he moved out of the apartment end of Nov. and it says they left it there at the end of December.

Who is we? Who is he? Why did you lie? Why didn't you even answer the question? (I didn't ask where you live.)

 

[Omroash16]

Who is we? Who is he? Why did you lie? Why didn't you even answer the question? (I didn't ask where you live.)

The judgement is from the state of Missouri where I live! I figured that was implied I guess not. He is my husband, we were separated at the time.

 

[Zigner]

The judgement is from the state of Missouri where I live! I figured that was implied I guess not.

Considering that you made a point of stating that you "now" live in MO, the implication was that the judgment was from a different state.

He is my husband, we were separated at the time.

Tell him to head over to the court to see how he was served. He will want to consult with an attorney.

 

[HRZ]

GO read and copy the file.generally there is some sort of confirmation of service ...it is critical ....in general one cannot properly serve an empty unit ...UNLESS somebody signs for it at the unit ...read your state rules of service .....

Lack of notice is a big deal ...if he can show it was bungled he has good odds to have it set aside

 

[HRZ]

I do NOT know but logically there may be a time limit to file an action to toss the judgement on failure of notice once you discover the failure or should have discovered it ....if you recently discovered the failure ...do not snooze .,

 

[quincy]

We live in Missouri. It says they turned to serve him and it was returned and hired out and that it was left at the residence. But like i said he moved out of the apartment end of Nov. and it says they left it there at the end of December.

Did you and/or your husband leave forwarding addresses with the landlord or did you/he just take off without notice?

Here are two links on Missouri Rules of Civil Procedure, Service:

https://www.courts.mo.gov/page.jsp?id=852

https://www.courts.mo.gov/courts/ClerkHandbooksP2RulesOnly.nsf/C0C6FFA99DF4993F8625BA50057DCB8ppo/F54A7A01ED6D17E186256CA600521339?OpenDocument