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    church lady's Avatar
    church lady Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Jan 20, 2009, 07:03 PM
    Default judgement for failure to appear
    I received a default judgement for failure to appear,but never received a summons.
    The claim of a judgement against me is not based ona note or other written evidence of
    Indebtedness.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jan 20, 2009, 07:27 PM

    There was no need for them to have evidence since you did not apppear to force them to prove their case.

    You need to look up the case, see how they claimed to have served you notice. You then file a motion to appeal based on the improper service
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
    Ultra Member
    		  
    #3

    Jan 20, 2009, 07:27 PM

    I am assuming you are wondering what you can do.

    You can go to the court and try to have the judgment reversed for improper service. They will have to prove you were served properly.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Jan 21, 2009, 06:37 AM
    Quote Originally Posted by stevetcg View Post
    I am assuming you are wondering what you can do.

    You can go to the court and try to have the judgment reversed for improper service. They will have to prove you were served properly.


    Right. If this was improper service, though, the papers will probably be served properly right there in the Courthouse. Of course, then OP gets a chance to ask for evidence and defend herself.
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