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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 12209
Experience:  JD, MBA
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Dear sir/Madame I recently being served with a court paper

Resolved Question:

Dear sir/Madame

I recently being served with a court paper stating that a judgement against me versus a debt collection agency. The court asked my to show up to court to answer a bunch of questions regarding my finance status. I have no recollection of this account, what should I do?
Submitted: 6 years ago.
Category: Legal
Expert:  TJ, Esq. replied 6 years ago.
Hello and thank you for allowing me the opportunity to assist you.

It sounds like you've already been sued, but I take it you never went to court. Were you served with a summons? If not, then you can file a motion to set aside the judgment due to improper service. The plaintiff can then refile the lawsuit. At that time, you can argue that the debt is not yours. This post-judgment hearing is not the proper venue to argue that the debt is not yours since that was already legally decided with the granting of a judgment (i.e., as of now, it is your legal debt). Therefore, you really need to have the judgment set aside. Please visit the court clerk to inquire about a form for the motion, which you will then fill out and file with the court clerk.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.

If the information that I provided is helpful, then please remember to click the green accept button so that I will receive credit and compensation for my time. Positive feedback is always appreciated as well. Thank you and good luck!

Customer: replied 6 years ago.
I was served with a summon to go to court. I dont really understand what you meant by setting the judgement aside? What is a purpose of a form of motion? Is there a way to argue that the debt is not mine now?
Expert:  TJ, Esq. replied 6 years ago.
Hi again. Maybe we should back up a bit. Does the plaintiff already have a judgment against you?
Customer: replied 6 years ago.
The plaintiff already has a judegnent against me. I told them before that this account is not mine
Expert:  TJ, Esq. replied 6 years ago.
Since the plaintiff already has a judgment against you, the question of whether or not the debt is yours has already been decided. As of now, the debt is legally yours. The time to argue that the debt wasn't yours was during the trial before the judgment.

Therefore, the only way to get out of this now is to argue that the judgment should be set aside (i.e., invalidated). I assumed that since you apparently didn't go to the trial, you were not served with a summons. If that is the case, then that is a legitimate argument to have the judgment set aside since you're supposed to be given notice. On the other hand, if you were served with the summons, but either didn't show up or didn't effectively argue that the debt is not yours, then I'm sorry to say that it's now too late.

So, you need to determine whether you were served with the original summons. If not, then visit the court clerk to file the motion that I mentioned.

I hope that helps. Please remember to click "accept."
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