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Son received a photo radar ticket in the mail for running a red light and the letter stated he needed to pay a fine.

Phoenix, AZ |

The truck is registered in my other son's name, however, the youngest son was in the picture and his information was on the ticket. We did not respond and now 4 months later he is receiving a judgement (via postal service) threatening garnishment, credit reporting, and/or license supension. Is this legal due to the fact that proper "proof of service" was never attempted?

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Attorney answers 1


It is unclear what you mean by "we did not respond." Proper service is required, but proper service may have actually been made. Your sons may not be giving you all of the facts. When one is properly served and does not attend court, a "default judgment" can occur, with the consequences you are listing. The son against whom the judgment was made needs to talk to a lawyer. The lawyer needs to determine whether or not the state can prove that proper service was made and can then try to minimize the damage. Good luck.

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