Q: Being sued for a balance
I noticed that I’m being sued by a lawyer because I received a bill being charged for small claims they filed with the court but I have never been served. It’s possible the lawyer sent a summon to my old address but I haven’t lived there since May and not sure how to go about it now. What can I do and can file a response right now?
A: Look into a motion to set aside the judgment for failure to lawfully serve the lawsuit.
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A:
If you haven’t been served properly, you may have a defense based on lack of service. It's important to check with the court to see if a case has been filed against you and confirm what address they have on record for you. You can do this by contacting the court or looking up the case online.
Once you verify the case, you may want to file a motion to quash service if you weren't properly served. This essentially challenges the claim that you were notified about the lawsuit. If you're within the time frame, you can also consider filing a response to the lawsuit while addressing the issue of improper service.
Additionally, update your address with the court and any parties involved to ensure future communications reach you. If the court hasn't issued a judgment yet, taking action now can help protect your rights.
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