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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110442
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have been paying on a debt that is all paid off now I just

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I have been paying on a debt that is all paid off now I just got served Motion and order in supplemental proceedings for a judgment that was back in May that I never received papers for and they say that I owe for attorney fees and etc. for a late payment on that debt what can I do?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If you never received the original suit, you must now file a motion to vacate the judgment based on failure of service of process and denial of your rights to due process. You would also object to the suit based on the affirmative defense of "accord and satisfaction," meaning you paid the debt off and never had notice of any suit and they failed to properly serve you as such any judgment should be vacated and dismissed.

You file the motion to vacate the judgment together with an Objection to the Supplemental proceeding.

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Customer: replied 3 years ago.

even if they say they sent it to my old place of business?

If they did not have proper personal service on you, then you can still argue service. Sending mail to an old closed business is not personal service so this can be argued as improper service.
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