QUESTION
Is the judgment upheld if no proof that papers were legally served?
Asked on Mar 10th, 2014 on Litigation - California
More details to this question:
I found court papers in my mailbox 4 days after court date stating I was being sued. I was in a different state 2 weeks prior to this. I was never served personally nor did I receive any correspondence from they plaintiff in this case. What should I do? My two brothers and I entered into verbal agreement after my father died stating I could keep the property that my father once rented out. My youngest brother over 9 years neglected to put it in writing but did honor the other half of verbal agreement by giving my older brother $50,000 cash. Just recently I found eviction papers and court date papers in my mailbox after the court date. I was out of state 2 weeks prior to this. I was never served by process server or certified mail. What should I do?
3 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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If a default has been taken against you, you will need to have the default set aside on the grounds of improper service.
Answered on Mar 14th, 2014 at 6:14 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You need to hire an attorney ASAP to help you try and undo this.
Answered on Mar 13th, 2014 at 12:48 PM
If you missed your court date through no fault of your own, you could promptly make a motion to have the judgment set aside and would likely prevail. Realize, however, that verbal agreements concerning real estate ARE NOT LEGALLY binding, so you may not have any rights in the property.
Answered on Mar 13th, 2014 at 12:14 PM