Legal Question in Civil Litigation in Maryland
Judgment without being served
An affidavit of judgment was ruled against me for $10,000 a couple months ago. I was never served for this hearing. I didn't even know about it until my HR person told me a writ of garnishment was delivered to her. I used the maryland CaseSearch to look up the details and on the day they have listed that i was ''served'', i was engaged with a client in Atlanta, GA and have been there for weeks. I now have a judgment against me for $10,000 against real property AND a writ of garnishment. Another aspect of the case is it is listed under a nickname I go by, not my proper name. My last name is misspelled as well.
What should I do?
2 Answers from Attorneys
Re: Judgment without being served
You need to file motions to quash the garnishment and to set aside the judgment based on the lack of proper service. However, if you live with someone other than a young child, you could have been legally served by having the court papers delivered to that person at your residence. If that didn't happen, then you should support your motion with an affidavit and documentation that you were out of town at the supposed time of service. If you have a valid defense to the suit, you should seriously consider retaining an attorney familiar with the litigation process to assist you.
Re: Judgment without being served
I agree with Mr. Sher. You need to file a motion to reverse the judgment because of insufficient service of process. This needs to be done immediately. You also need to stop the garnishment.
I have been successful in challenging judgments because of insufficient service of process. So, please feel free to contact me. However, time is of the essence.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
