Legal Question in Credit and Debt Law in Florida
Judgement collection
In 1994 a judgment was placed on me without me knowing about it. I found out about 2 years after the fact. Recently (2 months) I was served papers to give a deposition on the matter. I gave all my financials at the deposition and without any letter from my bank, or the lawyer who ordered the depo, I am having money taken directly out of my checking. I never was given a chance to fight this or anything. Is this legal? Can a judge order me to pay for something without hearing my end of the story.
4 Answers from Attorneys
Re: Judgement collection
Penny wise pound foolish. I doubt a court would vacate the judgment after such a long time especially since you learned of it when you were deposed and did nothing.
Re: Judgement collection
They garnished your checking account. You should have asked the attorney for all the files. I think they have properly served you somehow so that a judgment was entered against you.
Good Luck!
Re: Judgement collection
You need to either hire an attorney or take action pro se and file a motion to vacate a void judgment. If you were not properly served and never received notice of hearing, then the judgment would be considered void, could be vacated and a new trial granted. If you were to win the trial they would have to refund the money and may owe damages for improperly collecting a debt against you. Once you file a motion to vacate a void judgment, the burden rests on the attorney to prove you were properly served and noticed of the hearing, if they are unable to do this you may have grounds for a new trial. Therefore, you need to first either visit the courthouse and pull the record for your case or request a copy from the attorney to see if a summons was properly served and the hearing properly noticed and move forward from there.
Best Regards,
Tonia Troutwine
305-670-0373
Re: Judgement collection
By waiting so long I doubt you will obtain any court relief from this judgment.