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Re: [tips_and_tricks] Re: Garnishment

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  • gary
    If there were no service under the rules for that state, it would indeed be a void judgment. However, there is service and there is service. The normal kind,
    Message 1 of 12 , May 4, 2006
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      If there were no service under the rules for that state, it would indeed be a void judgment.  However, there is service and there is service.  The normal kind, where they come to your house is what is usually thought of, but there is also service by mail and service by publication.  In some states if they cannot find you to hand you the service, they are allowed to mail to your last known address and you are served even if you never got it.  Most states have a provision for service by publication when they can't find you (with the court's authorization) where they publish the service in the legal notices section of the local paper.  Even if you never saw the notice, they have legally acquired personal jurisdiction.  You can motion (usually within one year) to have the default set aside and this is where you must show a meritorious defense.
       
      As for defending in the foreign state, it may not be easy to "prove" you were never served but it's worth a shot.
       
      Gary
      ----- Original Message -----
      From: Legalbear
      Sent: Thursday, May 04, 2006 3:41 PM
      Subject: RE: [tips_and_tricks] Re: Garnishment

      OK here's another question.  Can a state get a default judgement

      against in court without serving you to appear and defend yourself in

      court?

       

      That is the slim area you would be allowed to defend in. Without proper service the court entering judgment would not have jurisdiction. A judgment entered without jurisdiction is void. Once you prove that the judgment is void the foreign state could not enforce the judgment.

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