[ Edited ]
t was how I discovered a Judgement against me. Need some advice.
01-14-2013 10:39 AM - edited 01-14-2013 10:40 AM
They have apparently been to court twice.... once to obtain the judgement, and once to obtain a writ of execution based on failure to have satisfied the judgment.
In any court proceeding, their must have been a showing to the court that proper notice was served upon the defendant, thus permitting them to appear in court.
So their is some record in the file of both proceedings asserting that proper notice was given. Depending upon your situation and the relevant statutes/procedures in your jurisdiction, that may have been accomplished by notice by publication, such as in a newspaper. You need to identity how they asserted that notice was given, and determine whether it complied with the procedure in your jurisdiction. Go to the office of the clerk of the judgment court and review the entire record of the proceeding.
If there was some inaccuracy in proper service of notice of either proceeding, you can motion the court to vacate on that basis.
That will require a factual showing on your part of the inaccuracy.