Have Legal Questions? Ask a Lawyer Now.
A judgement has been filed and I have not been served but the plaintiff sent me a letter stating they were notified that I was served. I checked the court records online and it shows I was served 17 days ago which is incorrect. How should I proceed? File an answer or traverse or what?
Response: If you have not been served, you should not respond to the lawsuit. It is not unheard off for the Plaintiff's Counsel to file Certificate of Service when Service has not been made. You must be served with the Summons and a copy of the Complaint before you can respond to the lawsuit. The letter from the Plaintiff's Attorney is not a service on you.
Nevertheless, if you get a notice from the Court about Default Judgment against you, then you MUST file Motion to Vacate the Default Judgment on the ground that you were never served with the Summons and a copy of the Complaint. This is a very serious issue because it goes to due process and your right to be given the opportunity to defend yourself. If you were not served, the Court must vacate any Default Judgment against you upon your filing a Motion to Vacate the Judgment and after hearing on your Motion. So, if or when you receive a notice of Default Judgment from the Court, do not ignore it. File a Motion to Vacate the Judgment. Request the Clerk schedule the Motion for hearing. Send the notice of this hearing date and time to the Plaintiff’s Attorney.
You can obtain blank Motion form in the Clerk's Office.