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John
John, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 5482
Experience:  Licensed and practicing attorney experienced in consumer protection law.
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I need help, with a judgment filed against me back in 2013.

Customer Question

I need help, with a judgment filed against me back in 2013. I was not served, just found when my credit was pulled, in Colorado.
JA: What state is this in? And when did the issue begin?
Customer: Colorado in 2013.
JA: Have you contacted the manufacturer?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: I made a deposit last week and my money is on hold because of this. Also, the account is my mom's and mine (I dont know if that matters or not)
Submitted: 5 months ago.
Category: Consumer Protection Law
Expert:  John replied 5 months ago.

Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. Please note that the website may ask you if you desire premium services, such as a phone call. I do not control these prompts, and you are not under any obligation to order premium services to get a full answer from me. If you do desire premium services, however, feel free to select that option. I will have an answer for you shortly, unless I require additional information. Please be patient while I may have to research some matters before providing a response. In the meantime please keep this page open and you should save the url link or bookmark this webpage in case you become disconnected and need to return to this page at a later time.

Expert:  John replied 5 months ago.

You'll have to try to vacate the judgment based on legal excuse, if there are grounds to do so. In order to vacate a judgment, the defendant must make an application to the court that rendered the judgment. What is meant by legal excuse is that you had some extenuating circumstance that stopped you from appearing - failure of proper service, sickness, death in family etc., and you must show that you have a legally viable defense to the action (i.e., you don't owe the debt for some reason). Even if you don't have a good reason for missing the court date, I'd apply anyway...the court will probably show leniency.
An application to vacate a judgment is made by a procedure known as an “Order to Show Cause”. The order to show cause must contain the legal grounds upon which the defendant seeks to vacate the judgment, and an affidavit (sworn statement) from the defendant that provides the necessary facts to support the defendant’s application. If the order to show cause is prepared by an attorney, it will also contain the legal arguments in support of the request to vacate the judgment.
The order to show cause is presented to a judge who will direct the manner in which the papers are to be served on the plaintiff and the plaintiff’s attorney. Usually, this will be done by certified mail or overnight delivery. The judge will also determine the “return date” of the order to show cause, that is, the date by which the plaintiff must file its reply to the defendant’s request. Certain courts and judges require that the parties appear in court on the return date.
After reviewing the papers submitted, and possibly hearing testimony , the court will make a decision. If the court determines that the summons was not served properly, then the case will be dismissed. The plaintiff would then have to commence a new lawsuit. However, if the statute of limitations had expired during the time that the case was pending, the defendant could raise the statute of limitations as an affirmative defense and successfully defend a new lawsuit. Alternatively, if the court determines that service was proper, but that the defendant did not actually receive the summons, and has a meritorious defense, the defendant will be permitted to serve an answer and defend the action.

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Expert:  John replied 5 months ago.

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