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Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 23350
Experience:  Attorney with 14 years experience in various consumer protection areas
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I have a recent judgment against me for old credit card debt,

Resolved Question:

I have a recent judgment against me for old credit card debt, however I was never served. I have a court date in early October. What are the chances of the judge dropping the case due to my never being served. If he does not drop the case, what is the likely outcome. What should I expect to be asked and what should I bring to court?

Thanks!
Submitted: 12 months ago.
Category: Consumer Protection Law
Expert:  Barrister replied 12 months ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
.
Are you being summoned to court for a "debtor's examination"?
.
Have they requested that you bring any documentation?
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Are you disputing that the debt is yours or do you have a legal defense?
.
Or are you just objecting to the default judgment being entered?
.
.
Thanks
Barrister
Customer: replied 12 months ago.

Are you being summoned to court for a "debtor's examination"?


 


NO, this is not a debtor's examination



.
Have they requested that you bring any documentation?


 


No.



Are you disputing that the debt is yours or do you have a legal defense?
.


No



Or are you just objecting to the default judgment being entered?


 


Yes.


 


Thanks!

Expert:  Barrister replied 12 months ago.
Ok, I am a little confused now...
.
You say a judgment has been issued against you for the credit card debt.
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If this was a default judgment entered against you, what is the new court date for if they are not trying to collect on the judgment?
.
.
Thanks
Barrister
Customer: replied 12 months ago.

It is an appeal, because I was never served. So I had no idea this case was coming let alone that I lost.

Expert:  Barrister replied 12 months ago.
Ah, ok, now I understand. If you have filed a motion to set aside or vacate the judgment based on lack of service, then the judge will require the plaintiff to prove that they did serve you or he will order the judgment is set aside.
.
But that doesn't actually dismiss the case, it just puts it back at the pre-trial stage where they can still pursue the case and seek a judgment against you. You just get the chance to defend against it and try to keep them from getting a judgment.
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So all you need to do is allege that you were never properly served the summons and complaint and then the burden is on the other side to show that you were...
.
.
Thanks
Barrister
Barrister, Lawyer
Satisfied Customers: 23350
Experience: Attorney with 14 years experience in various consumer protection areas
Barrister and 9 other Consumer Protection Law Specialists are ready to help you
Customer: replied 12 months ago.

Excellent...thanks for the info!

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