What to Do If You Were Sued by a Creditor or Collection Agency and Didn’t Know You Were Served
Discovering that a judgment has been entered against you without your knowledge can be overwhelming. If you were not properly served with court documents, you may have options to challenge the judgment and protect your rights.
Steps to Take If You Were Not Properly Served
- Confirm the Judgment
- Check your credit report or court records to verify the existence of the judgment.
- Contact the court where the lawsuit was filed and request copies of the case documents.
- Determine How You Were Supposed to Be Served
- Service of process laws vary by state, but generally, you must be personally served or served through an alternative method permitted by law (e.g., certified mail, posting, or publication).
- If you never received proper notice, you may have grounds to challenge the judgment.
- File a Motion to Vacate the Judgment
- A motion to vacate asks the court to set aside the judgment due to improper service.
- You typically need to provide a valid reason, such as lack of proper notice or mistaken identity.
- The deadline to file this motion varies by state, so act quickly.
- Attend a Court Hearing
- If the court grants a hearing, be prepared to present evidence showing you were not properly served.
- Bring supporting documents, such as proof of a different address or work records that show you were unavailable at the time of alleged service.
- Negotiate or Defend the Case If Reopened
- If the judgment is vacated, the lawsuit may be reopened, allowing you to present a defense.
- You can attempt to settle with the creditor or contest the debt in court.
Additional Considerations
- Statute of Limitations: If the debt is old, check whether the statute of limitations has expired, which may prevent the creditor from refiling the case.
- Legal Assistance: Consulting with a consumer protection attorney can improve your chances of successfully challenging the judgment.
- Credit Report Impact: If the judgment is vacated, you should request its removal from your credit report.
Final Thoughts
If you discover a judgment against you that resulted from improper service, you have legal options. Acting quickly by filing a motion to vacate, gathering evidence, and seeking legal counsel can help you fight back and potentially remove the judgment from your record.