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JB Umphrey
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20232
Experience:  Explains legal matters based on 14+ years experience.
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I found out recently that on 2/7/2013 a judgement was made

Resolved Question:

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

Submitted: 1 year ago.
Category: Legal
Expert:  JB Umphrey replied 1 year ago.
Welcome and thank you for your question!

I am sorry to learn of your experience. Are you parents attorneys?
Customer: replied 1 year ago.
No
Expert:  JB Umphrey replied 1 year 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?
Expert:  JB Umphrey replied 1 year ago.
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: http://www.mass.gov/courts/courtsandjudges/courts/districtcourt/generalpurposemotion.pdf

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, Attorney
Category: Legal
Satisfied Customers: 20232
Experience: Explains legal matters based on 14+ years experience.
JB Umphrey and 3 other Legal Specialists are ready to help you
Customer: replied 1 year 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?

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