QUESTION
What are my next steps when I received a Default Judgment but I was never legally served?
Asked on Nov 05th, 2019 on Civil Litigation - Texas
More details to this question:
My Driver License is currently suspended because of a civil judgment made against me without my knowledge. I was not notified that I was being sued nor was I notified that my license was going to be suspended. I was made aware when I was pulled over in a traffic stop and the police officer ran my license. Are there alternatives to paying the settlement? During the time of the accident, I was a senior in high school and was being told by my mother that I was covered under her insurance. I now work for a nonprofit and cannot afford the steep installment payments. What are my next steps? I a supposed to appear in Court in two days for a ticket for driving with an invalid license. Thanks!
1 ANSWER
If in fact you were not served with process in the lawsuit, there was no jurisdiciton over you and you should be able to get the default judgment (it is a judgment, not a settlement; a settlement is a voluntary agreement to resolve a claim) vacated. This civil judgment is separate from your ticket, and you would need to make a motion in the civil case to vacate the judgment. However, personal delivery of the court documents to you is not the only wasy to serve properly, and if you were a minor at the time it probably wouldn't be valid at all. You better check with your mother that she was never served on your behalf.
Answered on Nov 07th, 2019 at 8:15 AM