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    foxie_roxie's Avatar
    foxie_roxie Posts: 2, Reputation: 1
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    #1

    Nov 16, 2011, 11:37 AM
    How to file a motion to open and set aside defaulted judgment against me
    Help! I was served laswsuit for a defaulted loan in 2010. I contacted the attorney on the papers and requested validation of this loan-I never heard back. Well now 10/28/2011 (yr later) my wages are being garnished and defaulted judgment was rendered against me. How do I file motion to open and set aside default judgment against me? I have never applied, signed for a loan with this "bank". I have document proof of the loan documents, and my name is no where as a signer/co-signer nothing. I don't even know where they got my information from. (this was a loan my dad defaulte on-and he was not even contacted about this matter) they are only suing me. Can they do that? I need help-the loan is for over 50,000-and I make minimum wage, and cannot afford an attorney.
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Nov 16, 2011, 11:44 AM
    Has your dad passed on, and you are sole beneficiary of his estate?
    kcomissiong's Avatar
    kcomissiong Posts: 1,166, Reputation: 276
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    #3

    Nov 16, 2011, 01:38 PM
    Why didn't you show up in court after you were served with the summons?
    foxie_roxie's Avatar
    foxie_roxie Posts: 2, Reputation: 1
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    #4

    Nov 17, 2011, 05:24 AM
    I was never given a court date/hearing from this summons. Once I was served the summons, I contacted the attorney and was waiting for them to provide validation for the accused loan. They never contacted me back, I thought since I never heard back from them, they had no proof/validation for the accused loan. And I never even thought about it again, since I never heard back from them. No my dad has not passed away, and I am not apart of any estates or anything.
    kcomissiong's Avatar
    kcomissiong Posts: 1,166, Reputation: 276
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    #5

    Nov 25, 2011, 08:47 PM
    The suit you were served with would have had a court date on it. I don't think you have any grounds to have the judgment set aside here. You had an opportunity to appear in court and contest the validity of the debt as a defense. You didn't do that. If you are able to find definitive proof that the debt is not yours, you can try to have the judgment overturned, but I don't know what your chances of success are.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Nov 26, 2011, 08:04 AM
    Quote Originally Posted by foxie_roxie View Post
    Help! I was served laswsuit for a defaulted loan in 2010. I contacted the attorney on the papers adn requested validation of this loan-I never heard back.
    See here is the thing. You said you contacted the attorney, but did you ever contact the court? On the summons there were, in all likelihood, instructions to answer the summons to the court. You should have responded to the court with an Intent to Defend against the suit. You had only to give the reason that you believe the debt was not yours. THEN you send a copy of that Intent to Defend to the attorney with your request for verification.

    So it sounds like you never did that, and that removes your grounds for vacating the default judgment. I would strongly urge you to contact an attorney who will be familiar with your local courts and laws and be able to advise you if there is anything you can do to get a new hearing or fight this. And before you say you can't afford an attorney, you can't afford NOT to have one. It will be far less expensive to pay an attorney then a $50K loan.
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