Asked in Collections, Probate and Small Claims for South Carolina

Q: A creditor was granted a judgement against myself as a former personal representative of my mother's closed estate.

How can I challenge the judgement I was never given notice for? I was never served any noticed from the creditor or received any mail. Just a judgement against me that was left on my mother's property taped to her door.

1 Lawyer Answer
Anthony M. Avery
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  • Probate Lawyer
  • Knoxville, TN

A: Immediately hire a competent SC attorney to file a Motion to Set Aside the Judgment for lack of Due Process, Untimely Claim Against the Estate, Rule 60, etc. in the Court that rendered the Judgment. Also notify your Surety if there is one, and check the Estate File at the Court carefully.

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