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Sued By Credit Card Company Without Due Notification?

Sued By Credit Card Company Without Due Notification?

It’s very rare for debtors to getting a default judgment ruled against them without due notification. However, it does happen. Some debtors have no idea that their credit card company pressed charges against them simply because they were never notified about the court date! If such is the case, the next best thing to do is to file a motion to vacate rather than send a request for debt validation. The motion to vacate is the logical motion to file because you were not notified about the court date properly and this falls under improper service.

That said, you need to learn and gather a few important details before you go and file a motion to vacate in court.

One: Learn when the judgment was granted by the court. Depending on your state and location, you are only given 12 months or less from the date of the judgment was granted to file the motion to vacate. Your state’s local court rules could either make or break your case so be sure to check with local court rules before you proceed or consult with an attorney.

Two: Apart from the local court rules in your state, you also need to determine which proper method of service is acceptable in your state. You can check the proper method of service in your state by searching online or consulting with an attorney.

Once you follow the points above, you should have no problems filing a motion to vacate by yourself though it would be better if you seek the advice of a lawyer. This way, you are sure that you are taking the right steps towards defending yourself in court. If you are not properly served a summons for credit card debt, and you still have enough time to file a motion to vacate, the judgment could be overturned.

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