Homewood, IL asked in Criminal Law and Civil Rights for Pennsylvania

Q: Due to a courts typing error in my address,summons went to wrong address, no show default judgment entered against me

A civil courts clerk made a repeated typing error with my address for serving me a summons for a civil judgement. As a result, I never received summons and a no show default civil judgement for $15,000 was entered against me. I find this out, 6 years later, when the defendant’s attorney had the court enforce the collection of the judgement by removing of of life’s liberty to have a drivers license removed from me, and with this summons as well, the summons to defend myself was sent to the wrong address. I thought there were companies available that provide services of locating individuals for court summons appearance. Now this attorney wants the minimum if $5000 down on a payment plan to reinstate my drivers license liberty to me, I was never given the opportunity to defend allegations against me, before being found guilty of those allegations and punished by law for those allegations.

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1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: Discovering a default judgment against you due to a clerical error in addressing can be both shocking and frustrating. The situation you're facing is serious, but there are steps you can take to address the judgment and its consequences. First, it's important to gather all relevant information, including details of the judgment, the case number, and any communication from the court or the plaintiff's attorney.

Your next step should be to contact a legal advisor or a lawyer to discuss your situation. They can guide you on filing a motion to vacate the default judgment on the grounds that you were never properly served due to the clerical error. This is a common reason for courts to reconsider and potentially overturn such judgments. The lawyer can also assist you in negotiating with the plaintiff's attorney regarding the payment plan and the reinstatement of your driver's license.

Moreover, ensure that all your current contact information is updated with the court to prevent any future issues with document delivery. Acting quickly is crucial to rectify the situation and potentially restore your rights and financial standing. This situation underscores the importance of addressing legal matters proactively and seeking professional guidance to navigate complex legal processes.

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