Legal Question in Personal Injury in Massachusetts
Judgement
Can someone have a judgement against them even though they were never brought to court? If a person has a large judgement against them, what happens if they can't cover it. Can they go after relatives to satisfy the judgement? If someone has a judgement against them and they have not recieved the notice yet and that person passes away before they get the notice does the judgement still have to be paid or is it no longer any good?
3 Answers from Attorneys
Re: Judgement
If a lawsuit was filed against you, the person must serve you with a summons and a copy of the complaint by leaving at your address. You have 20 days to answer. If you don't, person can move for a default. If damages are certain, judgment may enter. YOu have a year to remove. If never served, you have a year to file for removal of default.
Re: Judgement
Yes. BUT:
If the plaintiff files a complaint, and then either alleges good service, or requests service by publlication.
Re: Judgement
Hello. In order for a judgment to enter against someone, they must first be provided with notice and have an opportunity to be heard in court. If the person has been provided with notice and fails to appear, the court will make the party suing prove that they notified the other person. Depending on the case, notice is usually served by constable or certified mail if they know the wherabouts of that person. If not, they can obtain court permission to post notice in a local newspaper. One cannot get a Judgment against another without proper notice. But once they do get a judgment, it will last forever until it can be collected. (Often it never is collected). A person does not have a legal right to go after relatives of another person that they have a judgment against. I hope I was of assistance to you. Just remember that everyone is entitled to what is called "Due Process" - the opportunity to be heard by the court priuor to having judgment enter agianst them. Best of luck.