QUESTION
How can someone get a judgment against me, and have the sheriff's dept. Sieze personal property without having opportunity to go before a judge?
Asked on Oct 16th, 2017 on Civil Litigation - South Carolina
More details to this question:
Debt collector contacted me demanding money, threatened to take me to court, I told him to let me know when the court date is. Now I have received notice from the sheriff's dept that they have a judgment against me, and I must list all real property, and personal property for the sheriff's dept to seize, and sell off to settle the debt. How can this happen without having opportunity to contest the debt? What are my options at this point?
1 ANSWER
It can't. It seems likely that the creditor claims to have served you with a summons, and obtained a default judgment against you when you didn't appear. If you weren't served, you should immediated move to vacate the judgment and also obtain a restraining order against any further collection efforts until your motion to vacate is decided.
Answered on Oct 16th, 2017 at 11:21 AM