Legal Question in Credit and Debt Law in Georgia

Insufficient Service

Hello! A few years ago, I was unable to make payments on my vehicle. I contacted the leasing company and relinquished any rights to vehicle. They came to pick up the vehicle. After trying to refinance my mortgage recently, I was made aware by the mortgage company that there is a judgment against me by the leasing company. I was never served any complaints or summons. I contacted the court and the lawyer on file. They claim their servers served the papers. What are my options? Don't they have to prove service? I have lived at the same address for years. There is no one else in my home that they possibly served. Is there a motion I can make to have the judgment removed? How can I rectify this issue. Thank you for any advice.


Asked on 2/06/06, 4:56 pm

1 Answer from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Insufficient Service

The court would not have granted the default judgment without proof that you were properly served. Unless you can show that you were really not served, then you are pretty much out of luck.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.MacGregorLyon.com

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Answered on 2/15/06, 11:35 am


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