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    pgrated's Avatar
    pgrated Posts: 1, Reputation: 1
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    #1

    Jun 5, 2009, 11:34 AM
    How can I challenge a default judgement?
    I happened to find out on a fluke that a default judgement was being entered against me. I went to the courthouse to dispute the action, then tey said no and I had to file an answer. I filled out the papers then they refused to take them. But I had them date stamp them all the same. What I can do legally to dispute this matter. I was never served or notified.
    DrJ's Avatar
    DrJ Posts: 1,328, Reputation: 339
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    #2

    Jun 5, 2009, 11:35 AM

    Was the judgment already granted?
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #3

    Jun 5, 2009, 11:53 AM
    Quote Originally Posted by pgrated View Post
    I happened to find out on a fluke that a default judgement was being entered against me. I went to the courthouse to dispute the action, then tey said no and I had to file an answer. I filled out the papers then they refused to take them. But I had them date stamp them all the same. What I can do legally to dispute this matter. I was never served or notified.
    ... what? No part of this story makes sense.

    You don't get "notified" that a default judgment will be granted. If someone sues you, you get served; if you don't show up for court, then a default judgment is entered against you and you get a notice of judgment. So I'm somewhat confused when you say you learned that it was "being entered." Either it's entered or it's not.

    I've also never heard of a court official telling you that you need to fill out paperwork, and then not accepting the paperwork... unless, of course, the paperwork you filled out was incorrectly completed or not the proper paperwork.
    felonouschick's Avatar
    felonouschick Posts: 33, Reputation: 1
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    #4

    Jun 16, 2009, 09:56 PM

    Default Judgment is entered when there is no response to a Complaint. When someone sues you and you fail to file an Answer in the time allotted, the Plaintiff can then file for a DJ (Default Judgment). There had to have been some type of service of a Summons and Complaint, on you. In some states, all that needs to happen is posting service in the local news paper. It might be a good idea to ask the court for a copy of the "Affidavit of Service". That should state how the Plaintiff served the Complaint. If you feel that service could have been served on you personally (you were not trying to hide from service) you should be able to contest the DJ.
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