Never got summons and now have judgement
Date: Thu, 11/13/2008 - 07:59
I never received a request to appear at a small claims hearing, I did however receive the judgment because I apparently defaulted by not going. I immediately contacted the court and went to pick up original filing against me. Now here is where it gets interesting, it was addressed to me in my Maiden name ( I was married in 1996) I showed up for the payment review schedule and filed a motion to vacate judgement since I never received original summons,also requested Debt val. Doc's form attorney on record that was over 30 days ago and I have court today to rule on my motion to vacate. the fact that this is supposedly an old CC debt do they even have the right to sue in the first place since the statue has expired several years ago.
They can still try to collect on an old debt. It's up to you to
They can still try to collect on an old debt. It's up to you to bring up the SOL as your defense. If you can prove it, the case will be dismissed.
The case will be dismissed even after they received judgment by
The case will be dismissed even after they received judgment by default?
If you weren't served, then the judge should throw the case out.
If you weren't served, then the judge should throw the case out.
