Judgment entered never recieved summons

[Joes108]

I logged on to my bank account and saw that it had gotten levied called the bank and got the information about the Levy. Went the the court house and got the case jacket. Went through the documents and found that the summons was served to an address that I never lived at. I live in New Jersey what can I do to get the judgment vacated. Any help would be greatly appreciated.

[Coltfan1972]

Pretty common question it seems. Make copies of the case file if you have not. Then see if what they claim is service, is considered proper service. Not if you don't live there or if it makes sense, but according to the law in your state is is proper service.

If it is not, which I bet it's not, then you will need to file a motion to vacate. I would also close that bank account, unless what they took paid off the judgment.

[Joes108]

Thank you for your response the copy of the copy of the certified summons said undelivered and that it got returned to sender. The address that they sent it to was my sisters address that I never lived at.

[Coltfan1972]

Thank you for your response the copy of the copy of the certified summons said undelivered and that it got returned to sender. The address that they sent it to was my sisters address that I never lived at.

Well somebody had to allege you had been properly served, in the motion for default judgement. What does that say?

[inthesticks]

Is there notice of service by publication in the file? If the plaintiff (conveniently) was unable to serve you personally they might have been able to serve you by publishing a notice in the paper in that county.

[legaleagle]

RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY

Here are the NJ rules concerning service. I see nothing about publicaton, it only mentions personal service by the sheriff or by mail. I would not even mention the fact that this is your sister's house, I would simply say that you never lived at this address and leave it at that.

RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY Relief from judgment by motion

It occurs to me that the opposing attorney should have been sending copies of every pleading, etc to you. Where did they send them, the other address?

Edited January 2, 2012 by legaleagle
typo

[Joes108]

Thank you for the help I am going to file a motion to vacate default judgment I found the form on the NJ court website it says to file a motion to vacate default judgment you must include answer, any cross-claims or counterclaims,

and the application fee. Not sure If that means that I have to answer the original lawsuit claim from the summons that was sent to me. Also do I have to file a counter law suit against the JDB to get the money back they levied from my bank account and is their any other things I can sue for like the Bank fee for the Levy, court cost etc. Thank you for all of the help.

[Seadragon]

need to file a motion to quash service of summons instead of an answer.

Thank you for the help I am going to file a motion to vacate default judgment I found the form on the NJ court website it says to file a motion to vacate default judgment you must include answer, any cross-claims or counterclaims,

and the application fee. Not sure If that means that I have to answer the original lawsuit claim from the summons that was sent to me. Also do I have to file a counter law suit against the JDB to get the money back they levied from my bank account and is their any other things I can sue for like the Bank fee for the Levy, court cost etc. Thank you for all of the help.

filing an answer confers jurisdiction to that court. I would look into a lawyer to do the motion to vacate. and then your own lawsuit for violations in your jurisdiction. The service person should also be named in the motion to vacate a subpoena for the motion to vacate hearing.

The motion to vacate then motion to quash should be good to go. and get attorneys fees and violations for your case.