topic Re: Default judgement granted without service in General Credit Topics

Default judgement granted without service

munchkin — Fri, 29 Jun 2007 23:56:37 GMT

Hi there,

I just received a notice of default judgment in TX on an HSBC credit card. The paperwork says this was filed at the beginning of May, which gave me a total of 20 days to respond. The paperwork says that I was served and notice was tacked on my front door. This is simply untrue.

What recourse do I have? I've worked really hard on my credit, and I do not see any notice on any of my 3 reports. Now I'm scared to death.

I would appreciate any advice you could give.

Re: Default judgement granted without service

inzaghi — Fri, 29 Jun 2007 23:59:35 GMT

I got a lawsuit filed letter once..CAlled the law firm which filed the law suit and paid off the amount ..the suit was withdrawn.. Better pay up before it shows up on the report I guess

Re: Default judgement granted without service

Noah_Bodie — Sat, 30 Jun 2007 00:07:42 GMT

Improper service is no reason to pay a judgment. It's grounds for getting it vacated.

munchkin, sent you a PM.

Re: Default judgement granted without service

Noah_Bodie — Sat, 30 Jun 2007 00:09:00 GMT

munchkin,

TX has potent consumer protection laws. Go to the Texas AG website. The consumer section has some info about debt/credit that is worth reading thru.

Re: Default judgement granted without service

munchkin — Sat, 30 Jun 2007 00:10:14 GMT

Many thanks Noah.

I'm seriously scared. I'm trying to refi, and can't afford something like this to hit my credit. I also just found a notice from the post office that I have a civil process suit waiting for me at the post office. Should I go pick it up or not?

Thanks!

Re: Default judgement granted without service

dekrist — Sat, 30 Jun 2007 00:13:43 GMT

Not alot of advice here but have been through the judgement ringer before and it's no fun. Don't ignore them cause they do not go away. I ignored the post office notice and got sued and then garnished.

Re: Default judgement granted without service

munchkin — Sat, 30 Jun 2007 00:15:41 GMT

There is notice that they've already sued and obtained a default judgment. The problem is, is that I was never served in the first place. Now it looks like they're trying to play catch up.

Re: Default judgement granted without service

munchkin — Sat, 30 Jun 2007 00:19:43 GMT

Just sent you a PM regarding this. Thanks again for your help!

Re: Default judgement granted without service

dekrist — Sat, 30 Jun 2007 00:26:33 GMT

I honestly can't see how pinning a notice on a door constitutes service, Can you check court records to see what address they served it at?.

Re: Default judgement granted without service

munchkin — Sat, 30 Jun 2007 00:44:49 GMT

They have my correct address on the suit, but was never served. Eeek! Can this be thrown out?

Re: Default judgement granted without service

Takunda1 — Sat, 30 Jun 2007 05:34:27 GMT

You can get that judgement vacated. What yo uneed to do IMMEDATELY is get a lawyer and who will file a motion to vacte because of improper service. I believe in TX you have 30days from the day the judgement was passed to do that.

Re: Default judgement granted without service

beach123 — Sat, 30 Jun 2007 11:01:32 GMT

Good luck if you have the default judgment, I'd watch your bank account & keep it VERY low. I had responded to a Summons, and was waiting for the day I could go to court - never had a hearing, in the mails comes a "Judgment Notice" and I called the court immediately. The law firm had filed a "No Reponse Affidavit" which allows them DJ, no hearing, nothing - they win and you spend the money to get them back. Come to find out this firm had been doing it to several people in MN, I wasn't a loner by far on this!

Re: Default judgement granted without service

munchkin — Sat, 30 Jun 2007 13:46:14 GMT

That's exactly what happened! There is a No Response Affadavit, and something about substitute service. Those devils!

Re: Default judgement granted without service

Patience — Sat, 30 Jun 2007 16:27:13 GMT

In some states posting on the door is legal service (possibly after personal service has been attempted to no avail). You can goggle the state laws of your state to find out what the laws are regarding Notice/Process and see if they have followed correctly. If not, those will be your grounds (standing) to file a Motion to Set Aside Default Judgment and this must be done within a certain time period, usually 30 days but may be less in your state.

Obviously, the service was improper in that you did not receive the Service, however, the burden of proof will now be upon you to prove that you did not receive proper service. If you file a Motion to Set Aside Default Judgment either pro se (on your own) or thru an attorney and you get a hearing (which you probably will) you will have to convince the Judge that you did not get the service and the other side probably will have a process server at the hearing to testify that he/she posted the papers/service on your door, in addition, he/she (the process server) has probably already signed an Affidavit of Process stating that he duly posted the papers on your door. So, I'm just giving you a heads up of the types of tricks the other side may play on you. Some attorneys have idiots like that that work for them.

Standard Courses of Action:

1. Motion to Set Aside Default Judgment

2. Appeal (this also has short time limits).

3. Settle the matter out of court.

Hope this helps.

Re: Default judgement granted without service

Patience — Sat, 30 Jun 2007 16:36:11 GMT

If you decide to Settle the matter out of court, File the Motion to Set Aside Default Judgment anyway. Also, do not give up any Appeal rights you have. This is a fight so fight it with every right you now have including using BK as weapon to cause them to settle. Secondly, keeping it in the Courts is costing the other side money and not you if you are doing it yourself and they will consider the attorneys fees when deciding to settle. Thirdly, while this matter is in the Courts it has not yet impacted your CR.

Peace.

Re: Default judgement granted without service

Patience — Sat, 30 Jun 2007 16:40:57 GMT

Clairification: When I say use BK as a weapon I do not mean "File" BK; the threat of filing BK may be a weapon in this situation for the purpose of debt settlement.

Peace.

Re: Default judgement granted without service

munchkin — Sat, 30 Jun 2007 22:50:28 GMT

Thank you for the guidance. If this is vacated, what does that mean to my CR? Will it still appear, or is the entire thing removed? This CCC also noted as charge off 4 times in 6 months. Can they do that?

Re: Default judgement granted without service

Noah_Bodie — Sun, 01 Jul 2007 22:07:42 GMT

munchkin wrote:
If this is vacated, what does that mean to my CR? Will it still appear, or is the entire thing removed? This CCC also noted as charge off 4 times in 6 months. Can they do that?

Judgments and your CRs are separate issues.

SOL is to Judgments, as CRTP is to CRs.

http://ficoforums.myfico.com/fico/board/message?board.id=generalcredit&message.id=17466

Is the same item listed 4 times on your CRs? Or is it the same TL showing a CO 4 separate times?

Re: Default judgement granted without service

munchkin — Sun, 01 Jul 2007 23:57:07 GMT

The same TL is showing up as a CO four times, under the same entry.

Further, I see that the original court petition was filed in another state back in February, and then an attempt has been made to move jurisdiction to TX. I re-read the documents and see that nothing is filled in under a service stamp.

Re: Default judgement granted without service

Hendu3270 — Wed, 11 Jul 2007 18:15:37 GMT

This is the same thing I'm going through right now. "Default Judgment" was entered against me in a $5000.00 credit card case with Chase. Does anyone have a clue as to what I should expect now? I've been told to watch the case details on the Clerk's website and look for a "Writ of Execution" which means they are coming to take assets. Does this sound right for a $5000.00 credit card bill with a multi-million dollar company?