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I have a judgement against me that is 10 years old. They are…

I have a judgement...

I have a judgement against me that is 10 years old. They are trying to renew and delivered papers to my ex 4 days after the date. First, can they deliver civil summon papers to my ex? And second, can this be renewed after the date of the renewal?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

North Carolina

Lawyer's Assistant: What steps have you taken so far?

None as I don't have the papers, just a phone message that there are papers for me.

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Answered in 13 minutes by:
3/19/2018
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 31,899
Experience: Lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

A judgment can only be renewed before it expires. However, the date you were served isn't necessarily the date they filed for the renewal. You'll want to contact the county where the judgement was filed to get the exact date they requested the expiration. It often can take a few days for them to get the papers served, and that doesn't affect the filing.

Personal service on your ex is not valid for you. They are allowed to leave the papers with someone of suitable age and discretion at your usual place of residence, but if you don't live with your ex, that's also not valid service. If they've filed a new lawsuit under N.C. Gen. Stat., Section 1-47, you can file a Motion to Dismiss for lack of personal service. Take a look at the papers once you get them. It should say something like "Action to Renew a Judgment," which is a new court case. The date will also let you know whether you can also seek dismissal because the case was filed too late.

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

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Customer reply replied 1 month ago
Would I be better to ignore this and then go back and show I never got served after the court renewal? If I go now they will be able to say I knew and the original date will stand. They renewed 2 days before deadline.

If you do nothing, it's entirely possible that the judge will refuse to reopen the case. To get a default removed, you have to be able to show, first, that you had no notice of the case. When service is incomplete but a person actually knows about the case, judges don't have to reopen the case. You also have to show a valid defense to the action.

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Since they filed to renew two days before the deadline, you don't currently have a valid defense to their request to renew, unless you can show that you paid. So ignoring the papers won't necessarily help you.

However, if you can get it dismissed for improper service and they don't refile within 2 days, then it would be too late.

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Customer reply replied 1 month ago
Great response time and very helpful. A+

Thank you!

Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 31,899
Experience: Lawyer
Verified
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