Asked in Civil Litigation and Collections for North Carolina

Q: Please see additional information below.

Im in North Carolina. I was served with a collections lawsuit. The opposing asked the court for a court date on July 27,2017 and I was aware of the date that he asked for. However I was never given notice from the county courts office that this date was in fact THE court date. Now I have a judgment against me. My question is..was I legally served a court date and can I get this judgment vacated on those grounds? Thank you.

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1 Lawyer Answer
Cameron Lambe
Cameron Lambe
  • Collections Lawyer
  • Raleigh, NC
  • Licensed in North Carolina

A: It is unlikely the judgment can be vacated on those grounds. Because it appears that you were properly served with the complaint, the summons indicated that you had 30 days to respond. If you failed to respond to the complaint, then the creditor was likely within its rights to pursue a default judgment against you, regardless of whether you received actual notice of the hearing. If you have any further questions, please consult an attorney.

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