Improper Service
Date: Fri, 07/17/2009 - 04:06
Go to the court where the judgement was obtained and look up the
Go to the court where the judgement was obtained and look up the proof of service. If it is bogus, file a motion to have the judgement set aside due to improper service.
Improper Service
Thanks for the reply. I've just spoken to the court who advised that they had only been passed the warrant for execution. They gave me the phone number of the issuing court which I phoned. I am filing an N244 asking for judgement to be set aside - you can download this online from hmcs. They verified that another address had been used - one I hadn't been at for more than a year and one which should never have been used by the company chasing me for money. I've been told to give me reasons for asking for judgement to be set aside as a) I didn't receive a claim form or judgement b)The wrong address was used and c) I have a defence to the action. What concerns me more than anything here is that the company taking the action had a proper address for me - the right one. And they had previously delivered to the right address. I dread to think what would have happened if I hadn't received the Notice of Issue of Warrant of Execution.