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Judgement

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ABattle
Regular Contributor

Judgement

I have a questions as far as the "rules" regarding a judgement.  Does the person filing the judgement against you have to serve you to let you know this process has been done?  I didn't know if that was a legal requirement b/c I wasn't advised & I'm wondering if there is some loop hole I can use that to my advantage.
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Anonymous
Not applicable

Re: Judgement

If they have a judgement, they have no duty to provide any notice to you.  The only notices that were necessary were the notices of suit in the beginning prior to judgement.  Once awarded, you owe the money.  And they can seek to use the judgement to garnish wages, obtain a writ of execution (means take non-exempt property to sell), etc.

 

The only loop hole is if you can prove that you were not served proper notice and file a motion to set aside the judgement due to some defect in the original notice.  For example, if the plaintiff knowingly served you at a bad address, that you had previously notified them of a new address, then this would be grounds.

 

But once the judgement is awarded, what the judgement was about is irrelevant.  Only some procedural defect can be argued at this point to see if you can set aside the judgement.  But you can't argue if you owed the original amount. 

 

 

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