judgement but never served

Submitted by shorticolorado13 on Fri, 02/18/2011 - 06:30
Forums

I just received a letter saying that i have a default judgement against me cause from 2006 cause i never showed up to court...but i was NEVER SERVED....the paperwork says the papers were taped to my door but i did not live in the state when this supposably happened. I had moved out of NY state over a year prior to being served...

I contacted the people (for those who know) Eltman Eltman and Cooper, and they say if i settle they will vacate the judgement but want $1055 to do so..... From doing searches I have not found anything good about these Eltman people and wonder what options i have....

#anonymous (not verified)

A hearing can't take place till the other party proves that they had made every possible effort to get the court papers served to you in time. I'd like you to go through your state rules and sort it out. See, if the original date of hearing could be reset or not.

Fri, 02/18/2011 - 07:42 Permalink

See, if it was served to an unknown address, then you weren't properly served. However, it will be a different scenario, if you had used this address.
Is this address used for your mailing purposes? Then I see no wrong in serving it there. You'd better consult with an attorney!

Fri, 02/18/2011 - 08:44 Permalink