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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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hi, my son received a default judgement against him from a

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hi, my son received a default judgement against him from a credit collection agency. he was never summoned or served any papers. we live in new Hampshire. the court date was in june, he just received the paperwork. is it too late to file a motion to dismiss the judgment on the grounds he was not notified? can they seize his personal property ie. his vehicle, or put a lien on his home? I know in nh is is difficult to garnish wages due to the non continuous law. he has no money in the bank, although NH has an $8000. exempt for bank balance.

My name is XXXXX XXXXX I will be assisting you with your legal question.

It is not too late. He needs to file a Motion to Vacate Default Judgment and state that he was never served with notice of the lawsuit and disclose where he lived. He will need to go to the court and get a copy of all the papers filed in the case. He will need to look at where the Plaintiff claimed to have served him and explain why it would have been impossible to serve him there.

A judgment may be used to seize personal property, garnish bank accounts and place a lien on any real estate he owns. If the real estate is not his homestead, they can force a judicial sale to pay off the judgment.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am credited by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Kind regards,
TexLaw and 4 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

he only owes 1600. would they take his home for that