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Judgment Entered but Never Summoned


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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?

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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.

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  • 3 weeks later...

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 under

Four 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.

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