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    Buddyboy's Avatar
    Buddyboy Posts: 3, Reputation: 0
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    #1

    Jun 30, 2009, 02:51 PM
    How is a default judgement due process of law?
    How is a default judgement due process of law? I did not know that I had a judgement against me until I began getting solicitation from lawyers offering bankrupsy and finally a non-certified letter with a copy of a garnishment summon sent to my employer. I immediately filed a traverse and to date the garnishment has continued 5 months without a hearing scheduled.

    One year ago I received a summons from a scavenger debt collector and responded right away. I immediately went to the clerk of court to obtain forms and was told that there were none, to just write a letter. I sent a certified letter to the plaintiff's attorney, however did not file it in court also. I thought that I responded correctly. I waited for a hearing and none came until the garnishment one year later. How is that due process of law when I receive nothing telling me a default judgement was decided? This is just one step that scavenger collectors want and to me that is not due process because everyone should receive notification that a default has been issued.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jun 30, 2009, 03:30 PM

    Where? If the proper procedures were not followed you need to make a Motion to set the Judgment aside. It's that simple.

    Of course, if it is your debt, the Statute hasn't expired and you have no defense the creditor will "simply" obtain a replacement Judgment against you. However, a Motion will give you a chance to be served properly and respond to the allegations.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Jul 1, 2009, 02:17 PM

    The summons told you that you needed to respond to the court. Since you neglected to do that, you relinquished your right to due process and allowed the creditor to get a default judgement.
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