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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32364
Experience:  Began practicing law in 1992
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I have a recent judgement, and I was not served.in am trying

Customer Question

I have a recent judgement, and I was not served.in am trying to find out how to get it vacated.
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.
Do you mean you weren't served with a lawsuit and a judgment was taken against you?
If so, what specific question can I assist with?
Customer: replied 1 year ago.
I have been working on repairing my credit for years. I had a medical bill from 2009. I received a garnishment paper from the court a couple of months ago. I was never served with the lawsuit. On the court website, I can see the warrant in debt was served to my old address back in September 14. I moved on July 1, 2014. I am wanting to get this off my credit report. I would have came up with the $4000, somehow to avoid judgement. What steps can I take to get this out of public record?
Customer: replied 1 year ago.
How long do i have to get this vacated? Also, if I am able to get this vacated, how long before they can file suit again?
Expert:  Dwayne B. replied 1 year ago.
The first thing you have to do is check the court records to see how you were supposed to have been served because you have to address that. You do this by filing a Motion to Vacate judgment Based on no service and a denial of due process. However, these are documents that are unique based on the facts and so you'll have to draft one from scratch or hire someone to draft it for you. In addition, you may want to consider hiring a lawyer to handle it since that increases your chances pretty dramatically. Even if yo don't want to use a lawyer for the actual lawsuit you may want to use one to try and get the judgment vacated.
Expert:  Dwayne B. replied 1 year ago.
As to how long they have to wait, if the judge vacates the judgment he doesn't dismiss the lawsuit, it is still active so there is no need for them to refile.
Customer: replied 1 year ago.
What type of lawyer would I hire to handle this?
Expert:  Dwayne B. replied 1 year ago.
Look for one who does civil trial law.
Expert:  Dwayne B. replied 1 year ago.
You could also look for one who does Consumer Law or Debtor Law.

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