Have Legal Questions? Ask a Lawyer Now.
Good evening! I can help you out with your legal question tonight. You can still request the court set aside the judgment. You need to file a Motion to Set Aside judgment. The court wants to decide the case on the merits of the case and not on a procedural technicality. Do you have an attorney?
Or are you handling it by yourself?
Are you there?
Did you have any additional questions?
I am currently handling it by myself, yes. I just found out about it.
Ok, on Monday file a Motion to Set Aside the Judgment. You will attach an affidavit stating you never received the summons and complaint.
State how you became aware of the suit and that you have been prejudiced by their failure to effectuate service.
is it not too late for this? how long do they have before they can try to tap into my bank accounts, etc.?
No it is not too late, you have a couple of months to file it at least. It can go up to 6 months, but it is better to do it sooner rather than later.
They can start attempting to garnish your accounts now, so I would recommend filing it Monday.
ok, where are you located?
am in Nevada now, but I worked in MA.
would I be informed if they tried to garnish my accounts?
Yes, but usually after they are garnished. Then you find out and can request a hearing.
if you have the right to work in MA, would you consider filing an appeal for me? I am out of the country.
You could always call your bank and ask if they have received garnishment paperwork.
No, unfortunately, we cannot get clients from this site. Sorry.
can you recommend someone?
I am not supposed to. I can tell you to contact the state bar and get a referral or go to www.martindale.com and find an AV rated attorney to help you.
Also, if I file an appeal on Tuesday, am I automatically protected. Should I submit this to my bank?
No, the bank doesn't need to see it. You won't be filing an appeal, it is a Motion with the same lower court. You won't file anything in a higher court.
ok, thanks. i will rate you asap.
Thank you very much and thank you for the feedback!
Have a great night and take care.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).