QUESTION
Can i have an invalid judgement overturned on my own and what happens if I dont't respond to request for interrogatories in the time allotted?
Asked on Dec 22nd, 2013 on Civil Litigation - Texas
More details to this question:
I received a request for Post Judgement Interrogatories on a lawsuit I had no idea was brought against me. I spoke with several different attorneys, that all confirmed that it was an invalid judgment and can be overturned due to never being properly served. However, the costs associated with retaining the attorneys is way beyond my budget. Is there a way to have it overturned on my own if I talk with the Court Clerk and do I have to respond to the Interrogatories? It's really coincidental that they had no problems locating me now that they are trying to collect money, but weren't able to find me prior to that. I had requested additional time to respond to this since I am still shopping around for attorneys but I don't want to get in any trouble if I don't respond. I have until tomorrow to provide a response. I have everything I need to defend my case and would have been in court had I know I was being sued. So I want to fight this but don't have lots of money to do it.
1 ANSWER
If the judgment is against you, as opposed to a corporation or other legal entity you own, you have the right to represent yourself in legal proceedings. The clerk of the court can help you with the procedures you will have to follow, both to file a motion or petition (depending on the rules in your jurisciction) to vacate the judgment, and a stay of your time to respond to the interrogatories pending a decision on your application to vacate the judgment. Now that you know about the judgment, however, the longer you wait without doing something about it, the worse off you'll be.
Answered on Dec 23rd, 2013 at 4:55 PM