How canI fight a judgment against me?
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How canI fight a judgment against me?
A collection agency obtained a judgement against my wife and I. However, we were never contacted about appearing in court; we don’t even know if they are our bills. How can we stop this?
Asked on January 22, 2011 under Bankruptcy Law, Wyoming
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
What you need to do is to make what is known as a Motion to Vacate a Judgement. You need to go down to the Court in which the judgement was obtained and ask the clerk to pull the file and then tell them that you wish to file an Order to Show Cause (which is just an expedited motion) to vacate the judgement based upon lack of personal jurisdiction in that you were not served with the summons and complaint. They are going to ask if you have a"meritorious defense" to the action. You tell them yes, that you believe that this may not be your debt and that you are not a proper party to the action. While you are there take a look at the paperwork in the file and the papers that they have attached to their motion for default which is how they got the judgement. They are called "exhibits." Ask in your affidavit in support of your motion for them to "validate" the debt as well. And most importantly ask for a stay of execution on the judgement. Good luck to you.
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