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if you got sued by a company and you were never sent a warrant in debt for the court appearance and only found out after it had taken place- isn't that an infringment of your rights? Aren't they legally obligated to present you with documents??




if you could provide some more details we can further advise.
it does sound like you could get the judgement vacated for
improper service.

Sub: #1 posted on Fri, 07/25/2008 - 22:37

paulmergel paulmergel
Moderators Cum Industry Expert
(Posts: 15506 | Credits: 1356.56)

i found out today that i'm being sued- totally accidentally. court date is MONDAY! i'm pissed. I have no clue if and where they sent paperwork. It's not even in the same jurisdiction as where I live, but i think it's too late to file anything. Would i be better off contacting the lawyer suing me or what?

Sub: #2 posted on Fri, 07/25/2008 - 22:41

Unregistered


not your jurisdiction?any court action has to take place in your
town or county.go to the courthouse and seek to vacate because of improper venue.you might want to check the summons and see where to go.

Sub: #3 posted on Fri, 07/25/2008 - 22:53

paulmergel paulmergel
Moderators Cum Industry Expert
(Posts: 15506 | Credits: 1356.56)

i don't have the paperwork but i know the county. I can't really go there, it's like an hour and a half away and I can't get there.

Sub: #4 posted on Fri, 07/25/2008 - 23:14

Unregistered


unless you find a way,they will get a default judgement against
you.

Sub: #5 posted on Fri, 07/25/2008 - 23:21

paulmergel paulmergel
Moderators Cum Industry Expert
(Posts: 15506 | Credits: 1356.56)

how did you find out about it? I'd say it is better to find a way to get there and ask for a continuance once you are there, bring your address documentation (bills, drivers license etc) proving how long you have been at your past addresses for the past x# of years.

Good luck, and don't ignore the situation or it will be MUCH worse!

Sub: #6 posted on Fri, 07/25/2008 - 23:22

smo65d11 smo65d11

(Posts: 1468 | Credits: 133.12)

agreed, but wouldn't it be better to just contact the lawyer and try to arrange a payment then have it go to court?

Sub: #7 posted on Fri, 07/25/2008 - 23:42

Unregistered


if you have the lawyer's ph# give it a try.it can't hurt at this
point.

Sub: #8 posted on Fri, 07/25/2008 - 23:46

paulmergel paulmergel
Moderators Cum Industry Expert
(Posts: 15506 | Credits: 1356.56)

Jurisdiction depends on a couple of things. Cases can be filed in a different county then you reside in under certian circumstances.

The main question is where the contract for the debt took place. If you went to another state and signed a contract, and got sued, it could be in the other state since that's where the deed took place.

Sub: #9 posted on Fri, 07/25/2008 - 23:50

goudah2424 goudah2424

(Posts: 7936 | Credits: 1224.91)

great point goudah,i am just going by what the OP is posting.

Sub: #10 posted on Fri, 07/25/2008 - 23:53

paulmergel paulmergel
Moderators Cum Industry Expert
(Posts: 15506 | Credits: 1356.56)

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