I just learned of a default judgement against me

Asked over 2 years ago - Hiram, GA

What is my legal recourse at this point?

I was never served or made aware of this lawsuit
I on'y learned when I pulled my annual credit report for inspection

Attorney answers (2)

  1. Wesley Kent Hill

    Contributor Level 14

    1

    Lawyer agrees

    Answered . If a party sues you and you do not appear in court, they present their case and of course with you not defending yourself, a default judgement is awarded.

    The first thing you should do is find out who has the default judgement and what court it granted it. Some courts are quick to overturn default judgments because they are often unjust or unfair. You would need to petition the court to overturn the default judgement in this case asserting lack of service of process. If the opposing party can show that you were properly served, it may be difficult to get the default judgement overturned, but I have found the courts to be fairly merciful when a default judgement has been entered and will hear the case when both parties are in court and prepared.

    If you are overwhelmed with the process, you should call an atttorney for a reasonable assessment of whether the judgement can be overturned.

    Good luck!

    Wes Hill
    (678) 994-4091

    This response does not create an attorney client relationship nor should the advice be relied upon because it is... more
  2. Ikemesit Amajak Eyo

    Contributor Level 18

    1

    Lawyer agrees

    Answered . You need to retain an attorney.

    It is possible to have a judgment overturned if you can show that you were never properly served with summons and a copy of the complaint. You would need to be able to show that service was improper.

    Once the judgment is overturned, the case will reconvene as if you were served. You would thus be in the position of having to defend against the original complaint. So you need to be prepared to respond to the complaint.

    An attorney can help you with all of this.

    Good luck.

    ~ Kem Eyo

    The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor... more

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