If there's a judgment, here's how to fight it

Posted by begoodorelse (66.207.255.28) on March 19, 2004 at 23:43:47:

In Reply to: Re: cohen & slamowitz llp - IS there a judgment ???? posted by LadynRed on March 19, 2004 at 22:31:27:

Oh, I guess that is a possibility. Well, no matter, it's still possible to obtain a judgment by fraud on the court. Although it would be difficult to get one for twice the rightful amount even in the event of default. I wouldn't even do that to dear old Harrison Ross "About To Fall Off His" Byck at the eagerly anticipated default hearing on 16 April since he and his homeys had better things to do than answer my dumb little lawsuit.

Crisco, do you remember ever but ever getting service of process? That is, somebody (possibly a deputy sheriff) came to your house or found you at work or elsewhere and gave you an envelope containing (1) an official-looking document that said "summons" somewhere on it with a certain time to reply or answer or else your money and other property could be taken from you and (2) a "complaint" headed "THEM, plaintiff vs. YOU, defendant" and alleging that you owed this debt and attaching the contract and/or statements. Or in some states, you can serve process with certified mail containing the same stuff--I do it all the time. (And oh boy is the Riddler going to enjoy his mail Monday morning after he gets back from New Orleans, as will the Grand High Llama of Camco at his sumptuous estate in Sunny Isles Beach FL.) Or maybe you found the same sort of thing lying like a doggy surprise on your doorstep or in your usual place of business--sometimes even that is good enough. If you did get served by any of those means, and didn't answer in time, you're almost certainly hosed, unless you can go back to the court and prove that they lied to get more than they were entitled to.

But! If you never got any such thing, then find out from your bank what exact document Cohen & Slamowitz gave to them to freeze your account for twelve grand. Especially get the exact court and case number. If it's anywhere near you or if it has records online, check the court file in the clerk's office at that court to see what-all happened without your knowledge. You then need to file a sworn motion to vacate judgment for lack of personal jurisdiction, or motion to quash service of process, or similar paper, on grounds that you never got served. Almost certainly you will need a lawyer, but since Cohen & Slamowitz is easy to find and has money to pay you if you beat them, almost certainly you can find one to take it contingent. I sure would.

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