What is the required service for a judgement?
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What is the required service for a judgement?
Approximately 8 months ago last I received a summons for information from a debt collector regarding a debt that I do owe. I responded by both email and phone and worked out a short term agreement. Last week I received a letter stating I had a judgement against me for this debt, which I still owe. This surprised me as I never received any notice of an impending court date. Should I have received a notice or a summons regarding this date?
Asked on June 14, 2011 under Bankruptcy Law, New York
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
When you received the summons and complaint (the complaint is the lawsuit attached to the summons), you would have had to file an answer to the complaint within a specified period of time stated in the summons. Responding by e-mail and phone would not be sufficient. When the deadline for filing an answer to the complaint elapsed, the collection agency got a default judgment entered against you. Although the rules regarding notice may vary from state to state, if you did not file an answer to the complaint, it could be argued that you had notice of that deadline and therefore, the collection agency may not have been required to provide additional notice before filing a request for default.
You can still file a motion to set aside the default and if the court rules in your favor, the case is back on track and you can proceed with your litigation.
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