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2murphy · May 7, 2013, 09:02 PM

I just got a notice of entry of judgment and in the paperwork say that I owe money to the plaintiff which I never received a notice to appear in court or other hand I never knew about the court hereon. I had receive a paper from the plaintiff attorney and I had called them and set up a meeting with them. I told them that I was at home sleeping when someone barrowed my car with out me knowing and drove it through a power pole and I haven't seen that person since it happen and I have no clue where they are, the attorney took the paper from me and they will take care of that I have nothing to worry about and now 2years later I get this judgment paper mailed to me. What can I do to take care of never beening notified about the court date and how to handle the attorney who lied and said they served me?

ScottGem · May 8, 2013, 03:12 AM

First, you file a motion to vacate the judgment on the grounds of improper service. You then request a new hearing.

Did you file a police report that your car had been stolen? Was a police report ever done about the accident?

JudyKayTee · May 8, 2013, 10:16 AM

I'm a liability investigator. It was your car. You are responsible for the damages. The best you can do is track the person down and sue them for what the accident is costing you.

You can appeal the judgment, get it set aside, have a second hearing BUT I think you are going to lose - again.

2murphy · May 8, 2013, 02:15 PM

Yes a police report was made and in the police report said the got the other person for unlawful borrowing of a vehicle because they had the key to the car and when I got woke up I went to the site where my car was and talked to the police on how my car was taken with out my permission and that is what the CHP officer told me their getting charged with.

2murphy · May 8, 2013, 02:17 PM

The other person had no license to drive.

JudyKayTee · May 8, 2013, 02:20 PM

Your car caused the damage. You are responsible. If the other person can be found you will both be sued.

2murphy · May 8, 2013, 02:37 PM

When I never get served for a court hereon and then I get a paper in the mail saying here is the judgment how is that.

JudyKayTee · May 8, 2013, 02:41 PM

I'd stop attempting to use legal language which you don't understand, such as "hereon."

How is that a judgment was taken against you? I don't know. I've already explained your options to you.

You were sleeping when your car was stolen. Maybe you were sleeping when the process server attempted (and said he/she did) to serve you.

Go to Court, ask to see the Affidavit of Service, get the Judgment set aside - as I explained. It will be very difficult to do so if the papers were served by the Court (and that includes by mail).

I do not know where you are - I rather doubt personal service was necessary, though.

ScottGem · May 8, 2013, 02:57 PM

There are many reasons you never received notice of the hearing. It could have been an honest mistake, or it could have been subterfuge. But that is moot at this point. If you can convince the court you were not properly served (and you will need to see the affidavits of service first), you can get a new hearing. But you will still have to face the fact, that, unless you can show you reported the car stolen, you will be still be responsible for the damages, so the judgment is likely to stand.

JudyKayTee · May 8, 2013, 03:19 PM

I can only address NY but Police Reports that a car was stolen AFTER an accident has been reported are, in general, looked upon as fraudulent. Unless there was an obvious break in or "hot wiring," someone had access to the keys, keys which the auto owner should have secured.

2murphy · May 8, 2013, 04:09 PM

Ok so I go and file an affidavit so that I can go to court since I wasn't served and explain to the judge that my car was taken without my permission and show him the police report where it show that they unlawfully borrowing of a vehicle. I will do so and hope they understand. The other person name is on the judgment too but they owe a lot more then what they want me to pay.

JudyKayTee · May 8, 2013, 04:18 PM

I thought you didn't know where the other person is?

At any rate, you are both responsible for the total amount. Either you pay it or he pays it or you both pay it.

Again, if you pay it you can then PROVE your side of things and sue him for the money.

I think if you get the Judgment set aside you're going to lose the second time, too, but please let us know.

AK lawyer · May 8, 2013, 04:59 PM

Originally Posted by 2murphy

Ok so I go and file an affidavit so that I can go to court since I wasn't served and explain to the judge that my car was taken without my permission and show him the police report where it show that they unlawfully borrowing of a vehicle. I will do so and hope they understand. The other person name is on the judgment too but they owe a lot more then what they want me to pay.

No.

Before you can do any of that, you will need to ask the court to set aside the judgment.

To do that you will need to examine the court clerk's file to determine how you were supposedly served with process. It could be one of many ways:

A process server handed you the papers (which are called "process");
A process server handed someone living in your home (Most commonly, court rules allow this if the person is "of suitable age and discretion residing" there.) the papers; or perhaps
The plaintiff was allowed to achieve service by publication.

Then, if you were defaulted, you probably did not need to be given notice of a hearing, if one was held.

Depending on what you find, you would then file a motion to set aside the judgment. Support this motion by affidavits concerning the issue of your being served wth process.

When and if you manage to get the judgment set aside, then you can file affidavits and other evidence bearing upon your liability.