PeachParts Mercedes-Benz Forum - View Single Post - So lets say I am uninsured and get bitten by a snake ....

Jim B. · #56 01-29-2014, 09:03 AM

Quote:

Originally Posted by Honus

A judgment should not be entered without notice to the defendant, but it happens from time to time. For example, if a process server tacks the suit papers to what he thinks is the defendant's door but the defendant had moved out a week before, the lawyer for the creditor will think he has given proper notice and will ask the court to enter a default judgment. The judgment can be overturned if the defendant finds out about it and convinces the judge that she never got service of the suit papers, but until that happens the judgment just sits there for all the credit bureaus to see. In addition, if they record the judgment in the proper office, then it might prevent your wife from selling or refinancing any real estate that happens to be in her name.

If you haven't heard from them in 10 years, then they probably dropped it.

By the way, the legal system calls it a "judgment,", not a "judgement." I don't know why.

That is a good analysis Honus. I was once hit with "sewer service" in a bitterly contested small claims court case around 15 years ago. Never even found out about it till the Judge first called the case in Court.

My surprise and outrage was so vehement and real the Judge postponed the case till I could get properly served!

And I DID win my case, finally, after she appealed the Judgment against her to Small Claims Court Appeals, and she made me try the case, and win a SECOND time! ...but collecting on it was HELL! This "vexatious litigant" was so experienced at this that when, at the OEX, I made her open up her purse and dump it on the table in front of the Judge, only the 75 cents bus fare home was inside.

And she wore a junk wristwatch and dime store jewelry into court. She was well prepared.

Also very well known around the Courts as a fraudster. She even threatened the Court staff at the Courthouse from time to time.