Re: Default judgement granted without service

munchkin · ‎04-24-2007

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.

inzaghi · ‎04-29-2007

I got a lawsuit filed letter once..CAlled the law firm which filed the law suit and paid off the amount ..the suit was withdrawn..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

Noah_Bodie · ‎03-11-2007

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

munchkin, sent you a PM.

Newbie Guide - Never be late - Friendly CCCs - CC Tactics
Credit Monitoring - Fax Disputes to the CRAs - Abusive Phone Calls
SOL v. CRTP - DV - I've DVed, now what? - GW - MOV - Recon
Being sued? - Medical bills/collections - Magic Eight Ball

Noah_Bodie · ‎03-11-2007

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.

Newbie Guide - Never be late - Friendly CCCs - CC Tactics
Credit Monitoring - Fax Disputes to the CRAs - Abusive Phone Calls
SOL v. CRTP - DV - I've DVed, now what? - GW - MOV - Recon
Being sued? - Medical bills/collections - Magic Eight Ball

munchkin · ‎04-24-2007

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!

dekrist · ‎03-04-2007

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.

munchkin · ‎04-24-2007

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.

munchkin · ‎04-24-2007

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

dekrist · ‎03-04-2007

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?.

munchkin · ‎04-24-2007

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