The Sheriff served a copy of a lawsuit against me to my sister but she never gave it to me. The case went to a default judgment. Can I have the judgment thrown out because I did not receive it?
3 Answers from Attorneys
Maybe, but more facts are necessary - including the specific details on when, where and how your sister was served, her age, wjhether she lives with you, etc. In addition, a motion is filed for a default judgment. Did you receive it? You might post more details here, but the bottom line is you need to see a lawyer with all these details and documents.
I would agree. Maybe is the answer. Why did your sister accept service on your behalf if you did not live there?
More importantly, is this your debt? The money you would spend on a lawyer to try to get this thrown out may be put to better use resolving the debt.
Even if you succeed in getting the judgment tossed, that does not mean the creditor cannot sue you again. It just means that they will have to re-file and have you properly served. They will still get a judgment against you.
Your best option is to focus not on getting the judgment tossed out but on how you are going to resolve it. If you have at least $10,000 in dischargeable debt and can file a chapter 7, then see a bankruptcy attorney. If you don't want to file and have other debts, I have some ideas for you. If this is your only debt and you have the funds to resolve, know that most debts (credit cards or other unsecured debts) can be settled for between 50% and 80% of the judgment balance roughly. You do not indicate what the judgment is for so I cannot be more specific. If you are interested in bankruptcy or litigation, see a local attorney. If you are interested in resolving the debt, please email me at firstname.lastname@example.org.
Maybe. The issue may whether you also lived at that address, and other details. Even if you succeed you could be sued again.
So the real issue may be how big is the debt and do you owe it. If big enough, call my office at 404-768-3509 and we can assist you with bankruptcy if you qualify to wipe out the debt. If the debt is small, and you don't have a lot of other debt, you may be able to negotiate a settlement.
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