What is the required service for a judgement?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 12 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.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption