[shediao3]

I just received a copy of a final judegement regarding a credit card detb. The judgement was entered by default. However, I do not recall receiving any court document regarding this debt. I know I have the right to receive some paperwork saying I am being sued and have 30 days to take actions. Can I file a complaint saying that I never receive any court document regarind this debt and hopefully reverse the judgement?

Secondly, my wife is listed as a defendant on the judgement with me. I gave her a subsidiary card 2 years ago and then removed her name from my account a few month later. She charge very small amount on the card. How can I remove her from the judgement?

Thank you!

[stevetcg]

Sure - you can go to court and have the judgement vacated on the grounds of improper service. Of course you will likely be served again on the spot. But at least you will be able to defend yourself.

I do not believe you will be able to have her removed since some of the debt was incurred while she was an active card holder... but I am not 100% positive, so I would ask at court.

[shediao3]

I just received a copy of paper work from a collection attorney saying they will have a default judgement against me. It is about a credit card debt.

I went to the court website and looked it up. There is a case against me and the record indicates the summon is servered 4 months ago. I do not recall receive any court document...

I understand I have 20 days to respond to the summon otherwise I will lose the case by default. At this moment, the final judgement is not made yet. Is there anything I can do to request a copy of proof that the summon is servered. I mean what exactly I need to file to at least stop the case from going to final judgement by default?

The case is filed with the 11th Circuit Court, Miami, FL. Where to find the court rules on the civil procedure for this court? Thank you!!

[ScottGem]

At this moment, the final judgement is not made yet. Is there anything I can do to request a copy of proof that the summon is servered. I mean what exactly I need to file to at least stop the case from going to final judgement by default?

Whether you were served or not is moot at this point. If final judgement has not been made then you respond to the summons stating that the recent notice was the first you have heard about this case and you are requesting a hearing.

[JudyKayTee]

Please ask your question just once, posting all the information.

The original version of this question was asked and answered on the legal boards.

The facts in this post are different.