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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.