QUESTION
Can a judgement be filed against me if I was never served to appease in court?
Asked on Oct 03rd, 2018 on Civil Litigation - Virginia
More details to this question:
My sister’s husband is suing me in civil court, but I never received any papers to appear in court. I was out of town and the papers he filed was returned to him. Now she’s telling me there will be a desk warrant out for me. What can I do?
1 ANSWER
No judgement is valid if you were never served HOWEVER (a) the documents do not necessarily have to be personally delivered to you to be served; and (b) even if you weren't served, the plaintiff may claim that you were, resulting in a judgment being entered against you which you would have to vacate by proving to the court that you were never served properly. Bottom line is that you shouldn t just ignore this, but rather should contact the clerk of the court to find out what is going on in your case. Depending on how much is at stake, you may want to hire a lawyer.
Answered on Oct 03rd, 2018 at 1:48 PM