QUESTION
How can I receive a judgment for failure to appear if I never received notice of court date?
Asked on Mar 24th, 2013 on Bankruptcy - Arizona
More details to this question:
The plaintiff is a bank regarding a credit card default. I thought I had to receive notice of court date so that I could appear. I've been unemployed for the last 5 months so there was ample opportunity to serve me.
4 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
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If the bank has received a default judgment, however service was improper or nonexistent, it will be up to you to bring the matter to the attention of the court. If you do not the judgment will stand.
Answered on Mar 25th, 2013 at 3:56 PM
Yes, you can. You need to file a motion to set aside the default judgment.
Answered on Mar 25th, 2013 at 3:56 PM
Debt Collection Attorney serving Chicago, IL
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Edelman, Combs, Latturner & Goodwin, LLC
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"Sewer service," where a return of service is filed with the court but you were not in fact served, is not unknown. You need to move to vacate the judgment as soon as possible.
Answered on Mar 25th, 2013 at 3:55 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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You should have received a complaint and summons. The plaintiff would ask for a default judgment if you did not file an answer. Consider talking to a very good bankruptcy attorney to see if that can help deal with your financial issues (I assume there is more than this one credit card). Please understand that bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step.
Answered on Mar 25th, 2013 at 3:55 PM