No video

If you have a default judgment against you, were you served?

  Рет қаралды 6,400

Alabama Consumer Protection Lawyers

Alabama Consumer Protection Lawyers

Күн бұрын

This video is about video on being served with a lawsuit. And if you have a judgment -- but were never served -- then what do you do?
Find out some options that may be helpful to you.
John Watts
Birmingham, Alabama
www.AlabamaConsumer.com
205-879-2447
"No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers." Our free weekly webinar is here -- my.demio.com/r... -- on Thursday we'll be talking about some of the new FDCPA rules. Join us if you can!
"No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers."

Пікірлер: 20
@jacquelinemanzano9328
@jacquelinemanzano9328 2 жыл бұрын
Some debt collectors never serve a summons, they simply file an affidavit of service with the court and get a judgement, I think its called sewer service. The poor consumer never knows what happened until their wages are being garnished.
@johngwatts
@johngwatts 2 жыл бұрын
Very true -- we have had to set aside a lot of judgments based on this.
@richardcole2893
@richardcole2893 4 жыл бұрын
A void judgement is a nullity, and is subject to collateral attack and may be stricken at anytime. The passage of time cannot make valid that which has always been void. Ramagli Reality v. Craver 121 So. 2d. 648 (1960) Florida Supreme Court.
@johngwatts
@johngwatts 4 жыл бұрын
That's perfect Richard. I assumed most states have this -- actually I assume all do. It certainly is true in Alabama. Most lawyers get this confused with the rule on IF you were served, and default, what is the time line to get the default set aside. Then you are looking at 30 days or maybe 4 months maximum. But if NEVER served, then as you pointed out, the passage of time doesn't matter. Now from a psychological standpoint, I like to move quickly when we figure out there is a judgment but legally you don't have to. Thanks for sharing that case cite. Also I have a video coming out in a few days on a checklist of items to look at when setting aside a default judgment. Either check back or subscribe if interested. Have a great day John
@BondServantOfJesusChrist
@BondServantOfJesusChrist 6 жыл бұрын
Thanks for the advice. What form needs to be filled out is it a motion for dismissal?
@johngwatts
@johngwatts 6 жыл бұрын
Jasmin, If you were not served, then you file (in Alabama) a "Motion to Vacate For Lack of Service". It does not seek to get rid of the judgment (a motion to dismiss does this) but instead, it simply says to the judge, "Please get rid of the judgment." First step is get rid of the judgment. Second step is you fight the lawsuit -- maybe you try to dismiss it, or you go to trial and when it, etc. Hope that helps! John Watts
@taurus2149
@taurus2149 6 жыл бұрын
I have a questions that may be not as well known but i bet it happens a lot. I appeared initially for my divorce and was award half time with my child and not support. 4-6 months later we reconciled and she moved back in another to our home in another county for over a year.I decided i was going to go ahead and move out of the home and get my own place 2 months later. this was mutual agreement that it was best. june 1 2015 that year was my move in date to my home and she was going out of town. at this moment, i had no knowledge that the clerk of that court sent a letter two letters one addressed to each of us for notice to dismiss if an answer wasn't filed in 15 days. 2 more letters came within that time frame from her attorney for a notice for a final hearing. I dont find any of this out until june or july 2016. i didn't believe her so i contacted that clerk for that county confirmed she did mail both letters addressed one for each of us by regular mail. now i ended up getting a copy of the letters that said they were sent by rule 21a which is Texas process rules. i can only come to one assumption since the clerk doesnt have any signatures on file, that hearing she went to so quickly by default seems strange. even after that she didnt sign these papers until nov 3 i think and the judge on the 5th and then cleark stamped the 9th 2015. she concealed the whole thing. my understanding is there is a whole bunch of stuff that as to take place before a default can be made including testimony and prove up. we exchanged the child on our own agreement so she couldn't say she couldnt find me. any thoughts?
@johngwatts
@johngwatts 6 жыл бұрын
Brian, That is very odd -- sounds like a Texas rule. Although I should say once a lawsuit is filed, notice in Alabama goes by our online court system or by regular mail. It is a pain when letters get sent to the wrong address or are not received. The official position is that if you are in a lawsuit, you have to keep up with what is going on in court. Crazy to me -- are you supposed to check the court once a week etc? But that's what the official rule is here. Check in Texas to see -- sometimes family law is different but I would think they still need to prove their case at a default hearing. Best wishes and hope it turns out well for you. John Watts
@vizhns
@vizhns 6 жыл бұрын
Does this hold the same for child custody and child support cases?
@johngwatts
@johngwatts 6 жыл бұрын
Vizhns -- I don't know about child custody/support cases. I would assume the same rules apply but not sure. I've spent 23 years doing civil litigation and have never been involved in any domestic relations (divorce or child support) -- in the bigger counties in Alabama we have different judges that only handle those cases. Sorry I don't know but if you ask someone who works in this area I'm sure they can tell you quickly. Best wishes John Watts
@vizhns
@vizhns 6 жыл бұрын
Thank you for your time sir. I have my appointment with a lawyer tomorrow to find out what the correct laws and procedures are. According to my research that I've done online it is very important and part of the legal process.
@lifewithshayna7644
@lifewithshayna7644 6 жыл бұрын
is getting something in the mail a proper serve?
@johngwatts
@johngwatts 6 жыл бұрын
In Alabama it is possible to serve by certified mail. Not regular mail though. I always suggest getting with an attorney in your state to find out if anything unusual or different about your situation that would change the rules. Best wishes John Watts
@joescheller6680
@joescheller6680 6 жыл бұрын
what if your wife was served my papers but do to the fact she had alzeihiemers she did not know the papers were that important and neglected to tell me.
@johngwatts
@johngwatts 6 жыл бұрын
Joe, The rule in Alabama (and probably most states) is the adult living in your house that the papers are handed to must be competent or responsible. So if your spouse had Alzheimer's then I think that would probably count as not being competent and could help you to set aside the judgment. I would either (1) do this on my own after you learn the rules and gather all of your evidence or (2) get with a consumer protection lawyer in your state who knows the rules on setting aside judgments. And can clearly explain to you the strategy and process of getting rid of a judgment. The law is not that complicated -- the trick is to show the court (and the other side) that the facts/evidence are overwhelming in your favor so they agree to undo the judgment. Best wishes and sorry you are having to deal with all of this... John Watts
@feliciasherman1948
@feliciasherman1948 6 жыл бұрын
I just filed a claims of exemption form but I was not properly served a writ of garnishment....I am no longer employed with the company but Midland Funding assumes that I am...I was terminated on January 11, 2018....what are my next steps?
@johngwatts
@johngwatts 6 жыл бұрын
Felicia, Several issues/thoughts for you. Were you properly served with the lawsuit (not the garnishment but the actual lawsuit)? Because (at least in Alabama) you should not be getting any type of garnishment unless they have a judgment against you. They can only get a judgment against you if they properly served you with the lawsuit. So that would be my first line of attack. As far as no longer working at the company, they should tell Midland -- nothing you have to do on that. But do check out the service angle -- if you are in Alabama give us a call at 205-879-2447. Ask for Carolyn and she can look up your Alabama case. Thanks! John Watts
@tiffanytowery8709
@tiffanytowery8709 6 жыл бұрын
Felicia Sherman, have you googled Midland Funding? I think it would be worth your while!
@feliciasherman1948
@feliciasherman1948 6 жыл бұрын
Tiffany Towery yes I have googled them...I did my research on them
DO NOT Pay Debt Collectors | How to Handle Debt When It’s Gone to Collections
10:28
Dow Janes - Financial Education
Рет қаралды 454 М.
How do I prove I was not served so I can attack a default judgment?
14:09
Alabama Consumer Protection Lawyers
Рет қаралды 6 М.
这三姐弟太会藏了!#小丑#天使#路飞#家庭#搞笑
00:24
家庭搞笑日记
Рет қаралды 97 МЛН
Dad Makes Daughter Clean Up Spilled Chips #shorts
00:16
Fabiosa Stories
Рет қаралды 3,3 МЛН
Joker can't swim!#joker #shorts
00:46
Untitled Joker
Рет қаралды 41 МЛН
Bony Just Wants To Take A Shower #animation
00:10
GREEN MAX
Рет қаралды 7 МЛН
Default vs. Default Judgment under Federal Rule 55 and 60
15:11
Steve Vondran
Рет қаралды 64 М.
Understanding: winning a lawsuit (getting a judgment) vs. getting paid
9:48
Sound Immigration - We Enforce the I-864
Рет қаралды 12 М.
How to Collect a Judgment - Lehto's Law Ep. 5.34
18:05
Steve Lehto
Рет қаралды 78 М.
If a default judgment is entered against you - check these things!
6:43
How to deal with a judgment
6:48
FinelyRevealed
Рет қаралды 10 М.
Motions to vacate
52:44
LAAC Trainings
Рет қаралды 7 М.
"If I have a default judgment against me, but I wasn't served, what can I do?"
5:24
Alabama Consumer Protection Lawyers
Рет қаралды 14 М.
5 secrets debt buyers don't want you to know about when they sue you in Alabama
15:21
Alabama Consumer Protection Lawyers
Рет қаралды 17 М.
Default Judgment: Start with whether you were legally served or not
4:47
Alabama Consumer Protection Lawyers
Рет қаралды 2 М.
Motions for Default Judgment | Learn About Law
5:19
Learn About Law
Рет қаралды 20 М.
这三姐弟太会藏了!#小丑#天使#路飞#家庭#搞笑
00:24
家庭搞笑日记
Рет қаралды 97 МЛН