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Experience:  Over 12 years of business and legal experience.
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I am facing civil contempt charges for failure to answer interrogatori

Resolved Question:

I am facing civil contempt charges for failure to answer interrogatories. This is a result of a default judgement being entered against me for a lawsuit, that was served to an address that I had lived at 4yrs prior.
Submitted: 1 year ago.
Category: Legal
Expert:  BizAttorney replied 1 year ago.

BizAttorney :

Good evening! I can help you out with your legal question tonight. What is your question exactly?

BizAttorney :

Is it just what to do now?

Customer:

Yes

BizAttorney :

Ok, first, there is nothing you can do regarding the judgment that was entered against you. That battle is long gone and the other side won. Now, they are asking you interrogatories (most likely where you work and what type of assets you have) so that they can come and take your money.

BizAttorney :

The contempt is when you refuse to abide by the court's rules. So you can just answer the interrogatories to the best of your knowledge. Do you have them?

Customer:

The judgement that was entered was a default judgement. It was entered after I failed to appear because I was not properly served. Their process server stated he served a relative of mine at my apartment, 4 years after I had moved.

BizAttorney :

I see, so you are contesting jurisdiction, since you were never served. If that is the case and you were not properly served, then you can still contest the judgment. You would make a special appearance (call it that otherwise the court will have jurisdiction over you) and then file a motion to dismiss since service was never effectuated.

BizAttorney :

You will tell the court that you were never served with the complaint and summons and that you did not live at that address at the time of service.

BizAttorney :

You will want to be sure they didn't serve you through publication, but it doesn't sound like they did.

BizAttorney :

You will have the default judgment vacated and the judgment removed from your credit report.

Customer:

What is a "special appearance" and how do I make sure that the court, knows that.

BizAttorney :

You call it that in your Motion to Vacate the Default Judgment and Dismiss. So at the beginning of your Motion to vacate the default judgment, you state that you are the alleged defendant, that you are making a special appearance and that the court does not have jurisdiction over you since you were not properly served.

BizAttorney :

If you do not state in your papers and orally that you are making a special appearance, then the court will count you showing up or filing something as an appearance, subjecting you to the court's jurisdiction.

Customer:

Do I need to include documentation showing that I had moved 4 years prior? If so, will a letter from the leasing office be good enough?

BizAttorney :

Yes, that would be perfect if you could show you moved earlier and a letter from the leasing office would be more than enough.

BizAttorney :

Attach that to your motion.

Customer:

Great.

Customer:

Thank you.

BizAttorney :

You are very welcome! Good luck and have a good night. Please leave me feedback so that I can continue to help others.

BizAttorney :

Please don't forget to leave feedback for me. Thank you.

BizAttorney, Attorney
Category: Legal
Satisfied Customers: 2273
Experience: Over 12 years of business and legal experience.
BizAttorney and 3 other Legal Specialists are ready to help you

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