QUESTION

We secured mortgage building home and now a few weeks away from closing we learn of a judgement. And are being pressured to settle. not served.

Asked on Mar 15th, 2017 on Collections - Florida
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Answered on Mar 20th, 2017 at 10:09 AM
If you were never SERVED with the law suit, then you may be able to get the judgment set aside if you can show that service was never made.  You will likely need an attorney to investigate the Return of Service and file a Motion to Set Aside Default Judgment.  If the Return of Service looks proper, then you will have to prove that you were NOT served, which is sometimes hard.  It will be best if you can prove that you were somewhere else on the date and time of service.However, this process will take a fair amount of time.  If you actually owe the debt, reaching a settlement may be your cheapest, fastest option.  Even if the judgment is set aside, you may still have to deal with the debt depending upon how old it is.
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