Legal Question in Credit and Debt Law in North Carolina
When facing a civil action against you in a state that you are no longer a citizen of, do you have the right to be notified of any legal action that is going to be taken before a judgement can be ruled against you? My wife had a judgement ruled against her with no notification that there was any pending legal action in North Carolina and we lived in another state. Is this legal and is there anything that can be done?
1 Answer from Attorneys
Whenever a party is sued, notice has to be given to the defendant, regardless of which state he or she is in. I am sure that the plaintiff had only an old address or incorrect address.
I cannot discuss your wife's claims with you for ethical reasons. In general, a person only has a limited time in w hich to challenge the judgment (1 year in most cases). Even though your wife is out of state, I would find a lawyer in the county in which she was sued and try to get the judgment opened based on lack of service.
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