View Full Version : I have a judgement against me and have not been legally served for court
karenl1234
Jan 23, 2012, 12:22 PM
I lost in a small claims case over a lame horse I bought from a crook who ironically won! Now I have a judgement and he is going back to court for garnishment. I am out of town but housesitter said a process officer came by and tld her to tell me I have court on blaa blaa date what should I do I have no intention on paying this creep and am on ssid now. Is it legal for the server to tell my housesitter to tell me, she did not accept the paperwork he was wanting to leave as she is not a relative!
Fr_Chuck
Jan 23, 2012, 12:47 PM
You lost in small claims court?
So it is a legal judgement at this point. And the court accepted the judgement as valid at this point.
Did you appear in court to fight the debt ? If you did not go to court why, since obviously your house keeper told you and you were aware of it?
If you showed up in court and lost, then there is nothing you can do, they have a legal judgement.
If you did not show up in court, you will have to file in court for invalid service and hope the court accepts this, although the fact you knew you were suppose to be in court is a hard defense.
ScottGem
Jan 23, 2012, 02:27 PM
If the judgement holder is going back to court for a garnishment, there is no reason for you to appear. He already has a judgement, he can get a writ of execution for almost any income or asset you have.
If he won in small claims court you are obligated to pay. You had the opportunity to defend yourself or to show why you should not pay. You lost, so its now your obligation to pay up. If you don't he can attach any bank accounts or other assets you have.
AK lawyer
Jan 28, 2012, 09:42 PM
... case over a lame horse I bought from a crook who ironically won! ...
What is the irony?