Have Legal Questions? Ask a Lawyer Now.
Good evening! I can help you out with your legal question tonight. What is your question exactly?
Is it just what to do now?
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.
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?
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.
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.
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.
You will want to be sure they didn't serve you through publication, but it doesn't sound like they did.
You will have the default judgment vacated and the judgment removed from your credit report.
What is a "special appearance" and how do I make sure that the court, knows that.
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.
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.
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?
Yes, that would be perfect if you could show you moved earlier and a letter from the leasing office would be more than enough.
Attach that to your motion.
You are very welcome! Good luck and have a good night. Please leave me feedback so that I can continue to help others.
Please don't forget to leave feedback for me. Thank you.
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).