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Additional Details
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Additional D... |
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mimi | I was taken to court with out me knowing on a loan. They were given a judgement against me.is that leagal?? |
it was a personal loan in only my name. I had no idea that it was even going to court. Now i have the judgement against me. I used personal property to secure the loan, but i no longer have any of it. Is it leagal for them to take me to court without me knowing. If not what can i do. And what can they do to me with the judgement?? |
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Crazyjester9
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Wow, ibu guru sure gave a crap answer. Talk about a total disregard for logic.
First, you need to determine with the laws are in your state for process of service with lawsuits. Then, you need to go to the courthouse and request to see the case file which will include information on how they served you. If their process of service did not meet the courts requirements you can have the judgement vacated, however you will generally have to show that if the case was re-tried, you stand a good chance of winning.
Also, what they can do as far as garnishment or liening property depends on your state laws, but the judgement will only stay on your credit report for 7 years from the date entered. |
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DAS
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Wow, I agree with Crazyjest, you should check into this situation, with a lawyer. |
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ibu guru
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You did not repay the loan as agreed. You no longer have the property you pledged as collateral. Did you even bother to inform them of your correct address? If they sent notice to your last known address, or published a notice in a newspaper of record that serves the community where you were last known to live, they are probably in the clear on service of process.
They can take any property, bank account, whatever you own and whatever you earn (garnish wages) for as long as it takes to fully satisfy the court judgment. You have nothing to complain about. It's your own fault.
You're lucky they don't charge you with fraud or something for disposing of property you pledged to repay a loan. You belong in jail for about 4-5 years. Now pay up in full, live with the judgment which will be on your credit report for 10 years after it is fully satisfied, and thank your lucky stars you are not in jail for your illegal acts. |
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Rudy H
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They can't unless you were "served" with a summons. They may have faked proper proof of service. I don't know the exact procedure, but you can usually have the case reopened and the verdict set aside if you can prove you were not served. I don't think you need to have to do much to prove that. |
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gwhillikers2000
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It is legal. And the court can order the sale of anything and everything you possess in order to satisfy (pay) the judgment. You say "without me knowing." How could you not know that you sold property which you pledged as security for the loan? If ignorance WAS an excuse, you'd be home free! |
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