I found out that year ago 2.2011 EDD sued me , & "won" judgment against me. I never been served or knew about court date. Is thise judgment legal? EDD&court have my current address. What options I have?
If the judgment is reduced to a dollar amount you will have a difficult time vacating it. There may be some other circumstances that may help you. You should contact an attorney to discuss the matter as soon as possible, as a creditor that has a money judgment can move to garnish your wages, turnover cash from your bank accounts and seize your personal property.
Recognized by the New Jersey Supreme Court as a Certified Civil Trial Attorney, Darren Kayal and the Law Firm of Rudolph & Kayal are not providing you with legal advice and do not represent you. These are opinions only, and you should not rely on these opinions. Please consult a competent attorney before deciding on any course of action. Rudolph & Kayal, 800 The Plaza, Sea Girt, NJ.
Generally It is hard to overturn a judgment because you must have two facts in your favor:
1) prove you were never served and did not have notice of the case until recently (look at the court file and see how you were allegedly served..if it says you were personally served at the address you resided at at the time.. you are probably screwed)
2) that you have a good and valid defense to the alleged liability.
Sometimes the court will overturn a judgment with just #2 in the interest of justice... but you may have to pay the plaintiffs attorneys fees for getting the first judgment..
Answering this question with general knowlege of the law does not create an attorney client relationship and attorney cannot be held responsible for how the questioner uses this information.
I do collection law in NJ and I agree with other responses. Go to courthouse and see the proof of service that will show how you were served -- if can challenge that, such as that address is wrong or proper service procedures were not followed -- you may be able to have judgment vacated. Having meritorious defense can be important. Need file papers immediately to seek to vacate judgment.
Incidentally, are you claiming that you were not served with the lawsuit papers or that you were not notified of the trial date? Also, need to know if you lost because you failed to appear at trial or because creditor filed motion to prevail without a trial (that can be a default judgment motion or a summary judgment motion). In the case of a motion, the creditor must file a proof that you were served so go to court and check address used.
Get lawyer ASAP to analyze as the longer you wait the harder it is to challenge the judgment.
Note, I don't represent you and no attorney client relationship has been created.
It is important to note that I am not admitted to practice law in your state and am not your counsel and do not represent you in this matter. Nothing I state is to be relied upon by you and I strongly recommend you obtain Colorado counsel to represent you.
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