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    skarsan34's Avatar
    skarsan34 Posts: 20, Reputation: 1
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    #1

    Apr 5, 2008, 10:25 PM
    Correct procedure for request of entry defualt
    Can a attorney type up a request for entyr in defualt and send it to me from their office without going to court and having and not have a process server serve it to me I was not served with a default judgment Chases attorney mailed to me to my residence without a process server serving it to me. And does a judge have to sign the order and did chases attorney break any rule for request for entry of default?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Apr 6, 2008, 06:16 AM
    Hello s:

    Yes, they can request it. But, it's only a request. If you go to court, it WON'T be granted.

    excon
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Apr 6, 2008, 06:53 AM
    Quote Originally Posted by skarsan34
    Can a attorney type up a request for entyr in defualt and send it to me from their office without going to court and having and not have a process server serve it to me I was not served with a default judgment Chases attorney mailed to me to my residence without a process server serving it to me. And does a judge have to sign the order and did chases attorney break any rule for request for entry of default?


    This is simply a notice of their INTENT to request a default Judgment; they do not need to personally serve you.

    You were not served with a default judgment because, if I am reading this correctly, there is no default judgment - they are requesting one.

    If you appear in Court there will be no default Judgment... because you won't have defaulted!

    No, they didn't break any rules - this is pretty standard procedure.
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