Can you contest a small claims judgment against you if you were never served the court paperwork |
Answer:
Possibly, it depends on the circumstances. The claimant or their agents would have to show that they have made every effort to find you but were unsuccessful. If you have, for example, moved to several addresses and not kept your creditor informed then they could argue that you made it too difficult to find you.
If they just didnt make an effort to contact you then yes, you should talk to a lawyer about contesting the finding.
Another view: This question could have two possible answers DEPENDING ON what paperwork you are referring to and what stage of the process you are asking about.
If the question is about NOT being notified of the proceedings then the above answer might apply.
HOWEVER - if you are complaining about not being served with the court decision that awarded the claim to your creditor - you are out of luck - at least in the short run.
If they were awarded the judgment 'in default' (because you did not show up or raise a defense) you MAY be able to petition the court for a re-hearing, but you had better have some pretty convincing evidence to present in order to overturn the original finding and award.
If they just didnt make an effort to contact you then yes, you should talk to a lawyer about contesting the finding.
Another view: This question could have two possible answers DEPENDING ON what paperwork you are referring to and what stage of the process you are asking about.
If the question is about NOT being notified of the proceedings then the above answer might apply.
HOWEVER - if you are complaining about not being served with the court decision that awarded the claim to your creditor - you are out of luck - at least in the short run.
If they were awarded the judgment 'in default' (because you did not show up or raise a defense) you MAY be able to petition the court for a re-hearing, but you had better have some pretty convincing evidence to present in order to overturn the original finding and award.