Expert: Chris Ebert - 10/9/2010

Question
I am from Texas and I recently received a letter from a collection agency threatening me with getting a writ  of execution for a judgment they had gotten back in 2006. That was the first I even knew there was a judgment against me. A few days later I was served papers by a constable. I have looked up this judgment and found out they said they had served me in October of 2006. In the letter of citation the server swears under oath that he served me at that time. However I was not even in the state at that time and can prove it with airline ticket stubs and credit card statement purchases from those exact dates I was supposedly served.
My question is: Can I get this judgment vacated on the grounds that I was not served and there for never knew about any judgment against me until 4 years later ?

Answer
Keith,

You could possibly get the judgment vacated if the judge agrees with your position. You can attempt to do this yourself of hire a law firm. Hiring a law firm can be expensive so you may want to make a decision of whether it is cheaper to settle or fight.

How much is the judgment for and who took it?

Chris Ebert
http://www.henleycreditlaw.com