I wanted to know should I pursue a getting a judgement overturned.

I do owe the money, but now that I see the Law Firm have performed Fraud in getting a judgement against me, im relunctant to pay and am looking to getting the judgement reversed.

The backstory is I owe money to a department store over $5000.00. I had a permanent accident that sidelined me for 3 years. Im still disabled from the accident, but could not work and had intentions on paying all debts owed, which Im currently doing with all other companies.

Now fast forward to today. Im back on my feet, and decided to get my bills in order. I check my credit report and see the negatives, but unexpectedly noticed a judgement. Now im saying to myself I dont recall ever being served, so this is impossible.

Well fast forward to today, i go to the court building to get the dockets court findings, decisions and verdict.

It seems the court was relunctant to award the Law Firm their judgement to default on the lawsuit and award them since I didnt appear in court. Well upon reading the transcript I noticed they reissued a new claim, and said they served me on a Sunday morning at 10am.

Well, thats impossible, I was bedridden for over 3 years. And all of a sudden the judge awarded them the default judgement because i wasnt present and the new evidence. The summary even says the judge saiid they were making different allegation that differed from their 1st allegations. Not only did they lie and say a women name Amy served me, I believe the date was over a year of the SOL.

I read online that if I can show I wasnt given due process, I might be able to get the judge to overturn it.

Now im not against paying the debt if I have too. I just dont like the way it was done. And also, I would have like the opportunity to defend myself in court.

And not to mention the overall fact that the judge denied their suit in the beginning, and he came with fraudulent documents that says I was served.

SHould I pursue this in court?

JudyKayTee

If you owe the money, even if you get the Judgment overturned you will be served again and will then have to defend the lawsuit.

What are your grounds for not paying? Inability is not a reason not to pay.

If you can prove you were not served (did you look at the details on the Affidavit of Service? Was it a "nail and mail" service?) and have the time and energy to do so, make a motion for dismissal but be aware that they will pursue the matter to Judgment - again.