How do I fight an old judgment I never knew about on my new home?

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vegwormsteelfiend

New Member
My husband and I recently bought a home. Last month, we got an envelope with a judgment dated July 13, 2020. It says the judge signed to leave it at our door. We don't recall ever receiving anything at our door or signing any documents. We didn't even know about it. Through my job, I have LegalShield, and we talked to a lawyer. The lawyer asked my husband to go to court to get a document showing how he was served, which he did. We are waiting for a response now.

I'm worried they will take money from our account. We need that money to pay our mortgage and hospital bills for our son. He has a congenital heart defect, and we owe a lot in medical bills. What can we do to be proactive about this? We don't want a lien on our home—we just moved in six months ago—or to lose money we need for bills. We truly didn't know about this, and I'm very stressed, on top of the stress from my son's heart condition.
 
You know, I'd definitely recommend banking with a credit union. It's a lot harder for judgment executions to affect your accounts there. Grab those court documents and really go through the details judgments can often be settled. And hey, peace of mind? That's truly priceless.
 
First off, you really need to get a clear picture of your rights here. If you never officially got that lawsuit notice, that judgment might actually be voidable so there's a good chance it could be overturned. An improper service is a really strong point to challenge it on.

What your husband did by grabbing those court papers showing proof of service is spot on. Keep pushing for that documentation because if they can't prove you were properly served, you've got a solid defense.

Next, hop online or head to the records office right away to check if any lien has been put on your property. A lien won't kick you out immediately, but it can definitely make things messy if you try to refinance or sell. Your priority should?be keeping up with your mortgage don't let anything risk your home.

With everything you're dealing with health wise and money wise, you can also ask the court to take your hardship into account during any talks or settlements. Lots of courts and creditors are willing to work with you if you're upfront and can show them what's going on.

Make sure you're ready to meet any court deadlines quickly so you don't end up with a default judgment that could lead to wage garnishment or them taking money from your account.

Lastly, keep really good notes on everything and stick with your attorney or LegalShield. You're already on the right track now it's just about being careful, staying on top of your defense, and making sure your assets are protected.

Just to be clear this isn't legal advice.
 
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