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    djv106's Avatar
    djv106 Posts: 1, Reputation: 1
    New Member
     
    #1

    May 14, 2007, 07:27 AM
    Non-contested court judgement
    I read where someone in PA is dealing with a possible court awarded judgement, I live I Arizona and need some answers. I received a notice from the court saying that The court has awarded judgement to pay the debt. First, I will say neither I nor my husband appeared in court on this matter. Someone tried one time to deliver a summons in person but it was not handed to anyone in the house but only left at the door. Several mailings were made to the house but non as a certified or registered letter. Lastly, there is no indication on the summons as to WHO ( what company or credit card ) is requesting this money, just a letter head with the name of the attorney's office. Lastly, since I do not know if this was a credit card my husband had and I was never listed on, am I still responsible for the debt?
    SO--the judgement has definitely been made in favor of the creditor, but is there some way at this late time to dispute this due to the way it was handled and or the possibility that I was never on the account but the judgement is against both of us?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #2

    May 14, 2007, 07:54 AM
    Hello dj:

    Is there something you can do?? Doubtful.

    You knew somebody was suing you. You didn't do anything about it. You had a chance to defend against the suit. You didn't. I suppose you thought you didn't have to worry because of the reasons you listed. You were wrong.

    You certainly could hire a lawyer, or you could go back to the courthouse that awarded the judgment and make a motion to set aside the judgment for lack of service. But, I think you were legally served. For your sake, let's hope the judge disagrees with me.

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    May 14, 2007, 08:21 AM
    Repeated attempts were made to inform you that you were being sued. You ignored all those attempts. I don't know where you got the idea that such attempts had to be by certified or registered letter to be legal. The only thing that needs to be on the summons is the plaintiff. Which, in this case is probably the attorney's office.

    So your next step is, as excon, said to go to the court and petititon to vacate the judgement. Whether you will win or not is doubtful.

    If this debt was your husbands before you were married, then you aren't responsible. However, they can still seize joint assets.

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