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Unknown Judgement filed in another state

Date: Wed, 04/28/2010 - 15:04

Submitted by ab81
on Wed, 04/28/2010 - 15:04

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Total Replies: 2


I recently pulled all of my credit reports in hopes to cleaning it up before shopping for a new car and was shocked to find a new judgement for approx. $5500 on one of my reports. It was entered in a MN county court March of 2010. I have never, ever received any type of notice that there was a case against me, it was filed or even won by the other party, which i'm assuming happened because I did not show up. But who can show up to a court case they have never been notified about? I have lived in a state other than MN for a year, even before moving out of MN I was never informed I would be taken to court.

Here are my questions:

1. Shouldn't I have received notice of the case, most likely served to me, that I would've had to sign for?

2. If I had not been notified how could they have gone through with the court case AND ultimately won without hearing my side?

3. I would like to contest this judgement but I see in the fee section of the county website the fee to appeal a judgement is $500.00. Is there any other way I can have the judgement removed or even possibly the case re-tried?


This is a debt I do owe and had previously had set up payments with, even sent a lump sum with my tax return last year. Then they refused to show my payment progress until it was paid in full so I stopped paying in April 2009, right before moving out of state.

I tried to get info from the Clerk of Courts from the County it was filed in and they have no info has to why I was not notified. Also said if I wanted a copy of the court documents I would have to pay $70.00, which is a bit much for paperwork I should have received in the first place.


Any advice would be greatly appreciated!

Thank you,
Amy


1. You should have gotten notice at your home or business, either placed in your hand by a process server or by someone else who lives in your home, according to the rules for service in the state you lived in at the time the suit was filed. Whether you had to sign for it depends on your state's laws regarding service of process.
2. If a party has not responded by filing an answer to the complaint and an appearance, then the suing party can ask the court for what is called a default judgment. Which does mean they can get judgment in their favor without you being present.
3. You should file what is called a motion to vacate judgment due to improper service (and improper jurisdiction). You will need what is called the affidavit of service from the case file in order to properly draft the motion.
4. You could try to file an application to file as an indigent party if you qualify and your local court rules allow you to. However, those usually only cover filing fees.


lrhall41

Submitted by OVLG Attorney on Wed, 04/28/2010 - 15:35

( Posts: 511 | Credits: )