New Member
fsuphi1490
Posts: 4
Registered: ‎01-10-2013
Re: Garnishment was how I discovered a Judgement against me. Need some advice.

Well, for the case to get to summary judgment they still claimed they served you.  You need to ask the clerk what the return of service says.  Summary judgment is a process in the case to have it disposed of before trial.  Basically, means that no genuine issue of material fact (i.e. liability, amount of damages, etc.) exists and the Plaintiff/creditor is entitled to judgment in their favor.  They do this so they do not have to go to trial to prove their case.

 

In most jurisdictions for them to get a summary judgment that means you answered in some way.  You either sent a letter to the court saying why you couldn't pay (which is what every person thinks is the right thing to do, the court doesn't care why you can't pay) or you actually answered the complaint.  Either way for you to make it to summary judgment stage you appeared in the case, otherwise the case would have been decided by default.  The judgment should only appear on your credit report unitl it is paid.  They then have to report it as being satisfied.