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Judgement, but never served

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heirophant
Established Contributor

Judgement, but never served

Back in February of '06, the State of Washington got a judgement against me for overpayment for unemployment.  My employer reported a hire date and (stupid me) I kept claiming unemployment like a giddy schoolgirl getting free money so I was getting paid from them and my job.  I do understand that this was fraud and there was no excuse for it.  However, I moved to Alaska, so I didn't receive notice that the money was owed.  One day, I tried to make my car payment and it didn't go through.  My bank account had been frozen.  I called my bank and tracked down why my funds were unavailable and they gave me the only info they had - a phone number.  It turned out to be the Employment Security Dept for the state of Washington.  Long story short, I got them to unfreeze my account and I made payment arrangements.  My question after all this is: Since I was never served with a court summons, can I have the judgement removed from my credit report?  It seems a bit unfair to have a judgement on your record when you did not even get the chance to defend yourself in court.
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LuvsRetro
Frequent Contributor

Re: Judgement, but never served

Google up some info regarding "motion to vacate judgment".  You could possibly call the courthouse where it was recorded and ask them.  Most times, they tell you they are not an attorney. 
 
But, there are civil rules that states you could file a motion to vacate based on the grounds that you were never served and never knew about it until just know. 
 
Most times the judge will vacate it based on law. 
10/01/2017 myFico EQ-778 TU-793 EX-781
11/01/2017 myFico EX-799, Barclays 11-4 Reported: EQ-796 TU-826 EX-799
Message 2 of 3
Anonymous
Not applicable

Re: Judgement, but never served

There is usually some provision in either state code or reg that states that if you fail to re-pay the money when you were not entitled to receive it they get a default judgement (pretty much the same for taxes)
 
Start researching state code and regs for Washington.
 
BTW, they are the "guvermant" - they don't have to play by all the civil rules because they make them.


Message Edited by Lady_Scarlet on 12-02-2007 04:59 PM
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