San Antonio, TX asked in Car Accidents and Civil Rights for Texas

Q: I have an old civil suit from 2011 I never went to court or even knew I was being sued from the car accident.

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2 Lawyer Answers

A: If a judgment was entered more than four years ago, the time to file a bill of review has passed. But if the other party got a judgment against you and hasn't done anything to try to collect it for the last ten years, they may simply have written it off as uncollectible.

I note that your question doesn't mention a judgment. It's possible that a lawsuit was filed against you, but the other party was never able to obtain valid service of process, so no judgment was entered.

James L. Arrasmith
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Answered

A: If you never went to court or even knew about the lawsuit, you may want to check if a default judgment was entered against you. In many cases, if you were not properly served with the lawsuit, you could have grounds to challenge the judgment. Courts generally require proper notice before taking legal action against someone.

Start by looking up the case in the court where the lawsuit was filed. You can contact the court clerk and provide your name to check if there is a judgment against you. If there is, you may need to file a motion to set it aside, especially if you were never properly notified.

Time limits can apply to challenging old cases, so acting quickly is important. If your wages are being garnished or your credit has been affected, resolving the issue sooner rather than later will help. Seeking legal advice from a qualified attorney can help you understand your options and take the right steps to protect yourself.

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