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Judgement Question


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If this question has been asked before, sorry. I searched and just couldn't find anything. I have a judgement on my CR that is due to fall off in 2005. Thing is I don't remember ever being served. The only thing I got was a notice saying that they would be garnishing my wages to pay the amount of the judgement, but like I said I don't remember being served any paperwork or anything. Is this grounds for getting the judgement vacated??? I realize it's due to fall off in a couple of years, and I should just probably leave it be until then, but if I can get it off sooner, I would like to. Thanks in advance.

Andi

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<blockquote>Originally posted by Niner849

If this question has been asked before, sorry. I searched and just couldn't find anything. I have a judgement on my CR that is due to fall off in 2005. Thing is I don't remember ever being served. The only thing I got was a notice saying that they would be garnishing my wages to pay the amount of the judgement, but like I said I don't remember being served any paperwork or anything. Is this grounds for getting the judgement vacated??? I realize it's due to fall off in a couple of years, and I should just probably leave it be until then, but if I can get it off sooner, I would like to. Thanks in advance.

Andi

</blockquote>

You were supposed to have been served paperwork if you were sued and apparently you were sued if there is a judgement against you. You might be able to get the judgement vacated for improper service and I would suggest looking into that because although the judgement may fall off your CR pretty soon, depending on the laws of your state, a judgement can last for a long, long time, much longer than the 7 year CR period.

[Edit by nolo on Wednesday, May 21, 2003 @ 10:46 AM]

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From everything I've read, Massachusetts law states the service doesn't have to be in person. In other words, they can stick the summons in the door of your last known address. That's where my husband found his. Am I correct in my interpretation?

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The only way to find out for sure how the plaintiff SAYS she served you is to go to the courthouse and get the return of summons. Remember, though, that vacating a judgment opens up the lawsuit again and you essentially start from square one.

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