wakim82 Posted October 14, 2007 Report Share Posted October 14, 2007 Recently my wife entered her mother's name into a search engine, and found her mother, herself and me to be defendants in a case where none of us were served with anything but a letter that stated that legal action maybe taken if we do not pay, but that no legal action was taken as of yet. We never heard anything else of the matter and my mother-in-law received nothing at all. It is my understanding that we must be served with a summons that lists a court date, case number, and the like, we received only the initial letter with no information at all. The name of the plaintiff in the matter also does not match anyone we have done business with in the past. I suppose my main question is what do I do? Link to comment Share on other sites More sharing options...
momof5 Posted October 14, 2007 Report Share Posted October 14, 2007 Actually, it sounds as if a case was filed but no judgment entered. Check with the court. If the case has been sitting idle for a long time, file a motion to dismiss based on failure to prosecute and get on with your life. Link to comment Share on other sites More sharing options...
wakim82 Posted October 14, 2007 Author Report Share Posted October 14, 2007 According to court records judgments for the company listed as the plaintiff have been entered against all 3 of us, but none of us have been contacted since the initial letter that listed no times, locations or case numbers. The letter only stated that they would be filing suit if we did not pay within 12 days, much of this notice was handwritten. Link to comment Share on other sites More sharing options...
Ahntara Posted October 14, 2007 Report Share Posted October 14, 2007 You may have grounds to get this vacated due to improper service. Read your state's laws or find a competent local attorney. Link to comment Share on other sites More sharing options...
momof5 Posted October 15, 2007 Report Share Posted October 15, 2007 Actually, it sounds like the OP said that there is a letter that threatened to sue, but they never did.I dont believe there is a judgment out there. Check with the court. Link to comment Share on other sites More sharing options...
wakim82 Posted October 30, 2007 Author Report Share Posted October 30, 2007 I have checked a judgment has been entered. Still no contact from anyone actually asking for the money from the judgment though. Link to comment Share on other sites More sharing options...
momof5 Posted October 30, 2007 Report Share Posted October 30, 2007 http://www.superiorcourt.maricopa.gov/justiceCourts/CourtsAndSections/SmallClaims/On this page is "statute of limitations"click on it. It appears that it is not specifically accounted for so it falls underFour years - Actions for which no limitation is otherwise prescribed (other than for recovery of real property) (ARS 12-550) Not sure.I would file a motion to vacate based on failure to serve. Link to comment Share on other sites More sharing options...
Recommended Posts