hokiegrl

HELP!!! :confused: Judgement made but under litigation?? Rights?

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I have a $4000 judgment against me I had NO idea about!!

1)How successful would I be to sue the CR agency?

2)Should my lawyer be held liable?

3)Do I have any rights to get this taken off my credit report? or the judgment reversed?

Details:

In 2003, my kids were in a car accident in Mississippi. We hired laywers and the lawsuit was settled in 2008. After pulling my CR, I found I had a judgment from 2004 for my kids unpaid medical bills. (should have been paid from the proceeds of the settlement.)

I moved to another state in June 2004 and the lawsuit was not filed until August 2004. The constable also served me at my previous address in Mississippi by placing the summons on our doorstep, or door. I never received it, nor was I ever personally served.

They also filed it in another city (another jurisdiction according to my lawyer) that was not where the accident happened, where we lived at the time of the accident, nor where the collection agency was at. Nor did they apparently inform the judge that the matter was being handled in a lawsuit filed in another court, in another city.

When I contacted the lawyer in Mississippi about the matter, she stated in an email that she never received anything from the collection agency (which is untrue) Because, last week I contacted the collection agency and they faxed me copies of their call detail and fact records for the case and it shows the times and dates in which our attorney was contacted in 2004.

Edited by hokiegrl
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Guest usctrojanalum

Too many people have this notion that one needs to be personally served with a summons - it's NOT true!

Also what types of lawsuits are you referring to after the car accident? personal injury? property damage? there are a myriad of lawsuits that can be filed with regard to the same car accident that have nothing to do with eachother.

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Thanks for your response - If I did contact the state bar association and file a bar complaint, would it help me with payment of the $4000?

Also, it was a personal Injury lawsuit against the driver of the car and his insurance. With this information, is there something I can do now?

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