I had a judgement entered in against me in family court the day after our last appearance. I was not served with any paper work or given another trial date to defend myself against the judgement. The day of the judgement, I was sent through email a copy of the Judgement order by the plaintiffs attorney. I received a copy of the order almost a month later by regular mail. Can I request that the entire judgement be quashed due to lack of personal jurisdiction? I believe that a judgement delivered improperly should be voided. We were in court over the matter for almost a year and the judge issued it the day after our last court date without me being invited or present to defend myself on any of it.
These facts are confusing. If you were going to court for a year why did you stop? Sounds like the court had jurisdiction over you. These topics are complex and I'm assuming you do not thoroughly understand. You most likely had s hearing and then the judge rendered his decision. You need to consult with a family lawyer ASAP. Don't wait because these matters can turn on when the court order was entered.
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There seems to be some facts missing. If you consented to e-mail then yes, if not you may have an issue that can be raised. You should take copies of your paperwork to an attorney for a consultation to get an exact answer.
if you were in court for over a year, then the court probably had personal and subject matter jurisdiction over you. you chose to no longer go to court? you need not be served with a copy of a judgment.
You ask if you may request that the Court "quash" (i.e. vacate) a Judgment Order based on what you call a "lack of personal jurisdiction." The Short Answer is that you can ask for whatever you want. That does not mean you will get it.
In this case, a request would have to come in a "Motion to Vacate" or "Motion to Reconsider" the Order in question. Would you succeed based on lack of personal jurisdiction or lack of notice? No way to tell based on these facts. However, having been asked to handle situations like this one, my office always examines all aspects of the case before offering assistance. Remember, the system is set up to prevent results like the one you describe, so when these cases occur it is common sense to confirm the details before taking up any more of the Court's time.
I recommend you consult with a local Attorney in order to get a handle on the situation right away. Do not wait too long or the point may be moot. Best of luck.
The court had jurisdiction over you and entered a judgment against you, either because you were not present or failed to do something the court ordered.
How you were given notice is not significant, but whether you were given proper notice of the original hearing is important.
I suggest you find an attorney to challenge the validity of the ruling.
This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.
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