How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JB Umphrey Your Own Question
JB Umphrey
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20233
Experience:  Explains legal matters based on 14+ years experience.
Type Your Legal Question Here...
JB Umphrey is online now
A new question is answered every 9 seconds

I found out recently that on 2/7/2013 a judgement was made

This answer was rated:

I found out recently that on 2/7/2013 a judgement was made against me in a civil suit in Ma w/o me knowing I was being sued. I am out of the country but will be able to appeak on Tuesday. How long does the plaintiff have to attempt to garnish funds from my bank account and what is the process that it needs to go through?


Also, since I am out of the country, I wanted to ask my parents to file the appeal for me. How do I go about doing this?  Thanks, Matt

Welcome and thank you for your question!

I am sorry to learn of your experience. Are you parents attorneys?
Customer: replied 3 years ago.
Thank you. Because they are not attorneys, they will not be able to process an appeal for you. Only you can do it yourself or you can hire a local attorney to do it for you.

From the facts you've described, it is not an appeal that you wish to file but rather, you wish to file a motion to set aside the judgment because you were never served with the lawsuit. However, in order to win on that motion, you also have to prove that you do not owe the alleged debt.

Is it your claim that you do not owe the money that they claim?
This is the form that you will want to complete and submit to the court requesting that the default judgment be vacated due to lack of service:

If the judge grants your motion and vacates/sets aside the default judgment, this means that the case will be reopened and you'll have the chance to litigate the case.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

~~ J.B.
JB Umphrey and 4 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

Thank you very much for this. I will give you a high rating and tip. However, I have 2 quick follow-up questions:


1. Can I send this document in first class or online or do I actually have to go to the courthouse?

2. Will filing this motion stop them from garnering my wages in the meantime, like an appeal would?

Related Legal Questions