logo

Debtconsolidationcare.com - the USA consumer forum

Judgement without being served

Date: Wed, 09/15/2010 - 11:13

Submitted by Shelly Gillis
on Wed, 09/15/2010 - 11:13

Posts: 5 Credits: [Donate]

Total Replies: 4


I live in MD so I can go online and look up if anyone is sueing me. Because of a divorce unfortuntely this is a recurring situation. With 3 creditors I have been able to look online, and call them when I see they have filed and make payment arrangements, and have avoided judements. Because ALL 3 times they did not contact me.

Now today I look and there is a bill for my daughters braces that was in my ex's name and his name only. I see that they have my name attached to is, along with his and an address that is 2 years old for me. A judgement has been filed against me and I have not ever been contacted by them, nothing was mailed, no phone calls, NOTHING.

Is there anything I can do about this?


First, is this judgment filed against you in the county you live in? If not, then it is in the wrong place too. I would call the court clerk's office and ask them if there is a specific form or format needed to file an order to show cause/motion to vacate judgment due to improper service. If the court is not in the county you reside in, then it would also be improper venue as well.

Next, you need to get some kind of proof that your name was not on this account. Even if you get the judgment vacated, the creditor could still come back and try to sue you again. So, you want to make sure you can prove that this was not ever your account, in case they ever do try to come back on you with it. I would actually do this--if you can get proof that your name was never on the account, then I would incorporate that into this motion to vacate. I would state that the account in question was never in your name, and therefore you never had a legal obligation to pay it. Provide a copy of any documentation you can get that shows this. Then, I would say something like "The plaintiff, by not notifying me of this action against me, denied me my right to due process. Since this account was never in my name, had I known about their lawsuit I would definitely have had a legitimate defense. Plaintiff would most certainly be unjustly enriched if this judgment against me is permitted to stand."

Maryland is not a community property state, so unless there was some kind of court order that put responsibility for this debt upon you, then this should be an open and shut case for you.


lrhall41

Submitted by skydivr7673 on Wed, 09/15/2010 - 15:36

( Posts: 2036 | Credits: )