QUESTION
Can a court judgement be placed against me if I am not given any information about the (supposed) case?
Asked on Jul 01st, 2013 on Litigation - Nebraska
More details to this question:
I am a freelancer, and earlier this year, I encountered a very hostile client who turned against me. After months of not hearing from her, she sent me an e-mail instructing me to send her a payment "following the Notice Of Judgement from the Court." This was a surprise to me, because I have not received any information about a legal claim. I wrote back that I was unaware of any such claim, and I requested that she send me information regarding the court case, and a docket number so that I can review the judgement. She didn't answer instead, she informed me that if I do not pay within the next few days, she'll go to the county sheriff to "enforce" the judgement. She was sure to add "As you know, you'll also have to reimburse the Sheriff's action." I have a feeling she's trying to scare me, but I also don't know much about the legal system so any advice is well appreciated. Thanks in advance!
4 ANSWERS
Michael J. Breczinski
First you should check with the court and see if there was any case filed against you. Second if you were never served with papers then file a motion to set aside any judgment.
Answered on Jul 03rd, 2013 at 8:50 PM
Call the court or check online on case net to see if there was a case filed against you. If she didn't have you properly served with the lawsuit, then she could not have obtained a default judgment against you.
Answered on Jul 03rd, 2013 at 8:50 PM
Thomas Edward Gates
You need to retain an attorney to protect your interest. Your matter is a civil one not criminal, the sheriff will not enforce a judgment. She would have to go to a collection agency or try to attach your wages.
Answered on Jul 02nd, 2013 at 12:51 PM
4 Awards
This sounds like a scam. You should visit with a local attorney, who will be able to access the justice system here in Nebraska and tell you if there is in fact a judgment. If so, and you truly were not notified, you can have it set aside. If there is no such judgment, you could have an attorney respond to her and possibly consider a harassment protection order if needed.
Answered on Jul 02nd, 2013 at 12:17 PM