Thursday 27 February 2014

I was not served a summons properly. Did not receive the summons, and did not know there was a court date and now they are seeking clerical ...

Question

I was not served a summons properly. Did not receive the summons, and did not know there was a court date and now they are seeking clerical judgement on me what should I do?



Answer

If the court believes that you were properly served, they will default you and you will get stuck with the judgment, and it is a lot of work to vacate the judgment. Better get an answer on file.



Answer

Chances are by the time you read this that the default and clerks judgment have been entered. They are generally entered within a day or two of receipt, sometimes same-day. You will need to retain an attorney to get them set aside quickly, before the time for moving to vacate the judgment passes.



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