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I had a judgement placed on me and wasnt aware of court

Customer Question
I had a judgement...

I had a judgement placed on me and wasnt aware of court dates and now im being threatened to lose my license for 7 years as of dec 29 2017

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Indiana

Lawyer's Assistant: Has anything been filed or reported?

Yes

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Im willing to make payment arrangements but cant contact the plantiff and the court can only take payments but im worried im going to lose my license for 7 years

Submitted: 5 months ago.Category: Legal
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Answered in 4 minutes by:
12/14/2017
Lawyer: LegalKnowledge, Attorney replied 5 months ago
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 31,491
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Lawyer: LegalKnowledge, Attorney replied 5 months ago

Good afternoon. So you were never served with anything and only know if this, as a result of the suspension?

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Customer reply replied 5 months ago
i was summoned but was never given a court date to appear to tell my side of the story of the accident with a school bus that took place i lost my license for 3 months paid my fines and fees and recieve this letter from the bmv saying my license will be suspended for up to seven years due to not paying the judgement for 90 days im willing to make payment arrangements but i cant pay full amount and i cant have my license suspended for 7 years i need help pls
Customer reply replied 5 months ago
i cant reach plantiff to set up arrangements they wont return my phone calls and i also called left voicemails prior to my first suspension im willing to work with the court and platiff just cant afford full amount
Lawyer: LegalKnowledge, Attorney replied 5 months ago

If you were never given a court date and allowed to appear, you could file a motion to vacate the judgment. You would need to show good cause as to why you failed to appear and that you have legal defenses and ask the Judge to decide this on the merits. If this is done, you could appear and contest this and try and work out a deal, with the plaintiff.

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Customer reply replied 5 months ago
well im not familiar with how the legal system works so maybe i just misunderstood but i do want to make payment arrangements if possible i just dont know what to do
how would i know i was given a court date
Customer reply replied 5 months ago
i was driving my mothers vehicle at the time of accident with school bus and i didnt know she wasnt insuraned
Lawyer: LegalKnowledge, Attorney replied 5 months ago

You would have received notice in the mail or been served. As far as payment, you should try and contact the attorney representing the plaintiff and speak with them. They may be able to work with you, to resolve this.

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Customer reply replied 5 months ago
what if they dont return my phone calls bc i have called left voicemails several times
Lawyer: LegalKnowledge, Attorney replied 5 months ago

You can send an email and see if they respond to that. I know it is not ideal but if the court wants payment in full and you can not get a hold of them, vacating the judgment should get them to respond if you were not properly served or placed on notice.

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Customer reply replied 5 months ago
okay and how do i go about vacating the judgment
Lawyer: LegalKnowledge, Attorney replied 5 months ago

You would need to file a motion and you can see if the clerk of court has a form for you to fill out and file, to start the process. If they do not, you would need to draft the motion

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Customer reply replied 5 months ago
can i file a motion on my own or how does that work>?
Lawyer: LegalKnowledge, Attorney replied 5 months ago

Yes, you could. You do not need legal counsel but if you can retain them, it would be in your best interest to help

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Customer reply replied 5 months ago
what does draft the motion mean
>?
Customer reply replied 5 months ago
are you still there?
Lawyer: LegalKnowledge, Attorney replied 5 months ago

Yes. Draft means to write it

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Customer reply replied 5 months ago
okay thank you
Lawyer: LegalKnowledge, Attorney replied 5 months ago

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

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Customer reply replied 5 months ago
do i go to the clerks office and request a motion to file vacating judgement
Lawyer: LegalKnowledge, Attorney replied 5 months ago

Yes, you would

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