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  1. #1
    Join Date
    Jan 2011
    Posts
    3

    Exclamation I Have a Default Judgement Against Me but I Was Neverd Served

    My question involves collection proceedings in the State of: Served in NH rendered in MA

    I moved to another country in the beginning of 2009 but have returned to the US intermittently (twice a year for visits ranging from 1 to 3 months) for a variety of reasons.

    Upon my last visit I found a letter explaining that I missed a court date (in December of 2010), and as such a default judgment was passed against me. The judgment is related to alleged tuition fees for a period of time when I was not living in the US, although I may have been visiting at the time. The residents that were minding my mail told me someone had waited outside of their door looking for me.

    I can prove I was in Europe at the time I was "served" as my passport has stamps. I also have itineraries documenting my travels. In fact I had been outside of the US for a few months already at the time they allege I was served. I have retained a mailing address in the US, however.

    What are my options and what can I do to get the judgment lifted? Should I contact the court or the claimant? I prefer not to hire a lawyer as this will not be cheap.

    I would like of any available recourse I can personally undertake.

    Is it not a serious offense to lie about serving someone?

  2. #2
    Join Date
    Jan 2006
    Posts
    27,800

    Default Re: I Have a Default Judgement Against Me but I Was Neverd Served

    well, I don't know which state the judgment is in because you gave two so, what I would suggest is figuring out which state issued the judgment. Then, which court rendered the judgment. Then, get a copy of the case file so you can determine how you were served. Then, research the courts procedures to determine if that was valid as a means of service.

    If it was; the judgement will stand. If it wasn't, well, depending on how long ago the judgment was rendered, you might be able to have the judgment set aside due to improper or defective service.

  3. #3
    Join Date
    Jan 2011
    Posts
    3

    Default Re: I Have a Default Judgement Against Me but I Was Neverd Served

    Thanks for the response. I updated my answer to reflect your comments. I was told that the person who served me was waiting outside of my residence for me to "show up." Clearly that was not going to happen since I was not on mainland US at the time.

    Assuming this was not a valid notice, would I write the court asking them to lift the judgement?

  4. #4
    Join Date
    Jan 2006
    Posts
    27,800

    Default Re: I Have a Default Judgement Against Me but I Was Neverd Served

    you still didn't provide answers to the questions other than the state. So, as I said before; figure out what court this was in. Get a copy of the file that will provide you with the means of service and then look up that specific courts rules to determine is the service listed was proper.


    Unless the person that told you about the guy waiting outside your residence had read that from the court record, it's meaningless.

    sorry.. I did see when the judgement was entered (dec 2010). If service was not proper, you should still be able to seek the dismissal of the judgment.

    and if it wasn't proper service, you file a motion to set aside or vacate the judgment based on that reasoning. I do not know what your court calls it specifically.

  5. #5
    Join Date
    Jan 2011
    Posts
    3

    Default Re: I Have a Default Judgement Against Me but I Was Neverd Served

    @jk, thank you. To make things more complicated, I called the collection today and I was told they "ceased to exist."

    Quote Quoting jk
    View Post
    you still didn't provide answers to the questions other than the state. So, as I said before; figure out what court this was in. Get a copy of the file that will provide you with the means of service and then look up that specific courts rules to determine is the service listed was proper.


    Unless the person that told you about the guy waiting outside your residence had read that from the court record, it's meaningless.

    sorry.. I did see when the judgement was entered (dec 2010). If service was not proper, you should still be able to seek the dismissal of the judgment.

    and if it wasn't proper service, you file a motion to set aside or vacate the judgment based on that reasoning. I do not know what your court calls it specifically.

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