QUESTION
What do I do when a default judgement has been granted on a claim that I was never served on?
Asked on Nov 22nd, 2013 on Bankruptcy - Washington
More details to this question:
I just recently found out that a default judgement was filed on me in district court over a small claims case in 2005. The process server provided a form to the law office that he served me and I was never served. I was first made aware of this claim in 2008 when a garnishment was sent to my employer. They did not take out monies for this garnishment. The process server lied. How do I go about rectifying this situation. The process server perpetrated a crime against the court.
2 ANSWERS
Kirk David Miller
It happens regularly. If you weren't served, the judgment is void. Contact a lawyer to help you vacate the judgment and quash the garnishment. You shouldn't need to pay your lawyer much, if anything. You will need (or at least it would be very helpful to have) proof that you were not served.
Answered on Nov 26th, 2013 at 7:14 AM
Debt Collection Attorney serving Chicago, IL
Partner at
Edelman, Combs, Latturner & Goodwin, LLC
2 Awards
This does not seem to be from Illinois. Generally, a judgment entered without service of process is void and can be attacked at any time. You need to prove that the return of service is false. Generally, you need something in addition to your own testimony, such as documents showing that you were not at the address where service took place at the time of service.
Answered on Nov 26th, 2013 at 7:14 AM