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View Full Version : Did not get served properly with summons and now they are seeking clerical judgement


hippoatlarge
Mar 14, 2011, 11:55 AM
I was not servered properly with a summons or complaint against be from a credit card company that I owed a debt to. I did not know until I got a letter saying that I was served with a summons and complaint, then a judgement was sent to my address. I don't have a lot of money to hire a lawyer, but would appreciate any help in this legal matter. What are my options to re-open this case as I wasn't even aware of the court day and never got the summons and complaint served to me personnally as the paperwork said. I had go to court just to get a copy of the summons and complaint.

cptjer88
Mar 14, 2011, 12:25 PM
Every state has different versions of what constitutes "getting served", most of which do not involve direct contact with you. In the judgement should be the service paperwork which will show exactly how the service was effected. If personnaly, what circumstances, i.e.. Someone answered of this description and refused to accept, left at door step counts in most places as personnally served. Certified mail, refused or accepted can count. To vacate or change a judgement varies according to locale. The best way is to go to the courthouse of the judgement and talk to the court clerk. Most will offer assistance and/or have self help sections where you can get appropriate paperwork to file motions to change the judgement. Some have indigent or low income assistance divisions depending on your situation.