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    madmom's Avatar
    madmom Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Oct 7, 2008, 06:03 PM
    Fight default judgement
    I have the same problem with Sharrin and Lipshie. Got a default judgment against me without ever being served. How do I fight back?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Oct 7, 2008, 06:14 PM

    First its not a good idea to piggyback your question on someone else's. This can lead to confusion. You should start a new thread. So I've moved your question to its own thread.

    You need to go to the court that issued the judgement and file a motion to vacate on the grounds of improper service.

    But this is only a delaying tactic. A hearing will be scheduled and if the motion is vacated then will hand you a new summons as you walk out the door.

    But, at that point you can file yout Intent to Defend and request verification of the debt.
    madmom's Avatar
    madmom Posts: 2, Reputation: 1
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    #3

    Dec 2, 2008, 01:13 PM

    I went to court and as expected, they did not show up. However I had to resubmit my case because of some missing exhibits - a technicality really. Have another day in court.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Dec 2, 2008, 03:41 PM

    Thanks for keeping us posted. Good Luck
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