Question about default judgment...

Ang I am not that great at this issue and hopefully someone else will come along. However I would definately think you should have received some sort of notification on this. Something just dosent sound right. KYSIDE38

Actually, you don't get notified. You receive the first summons, and that's it if you don't respond. A default judgement is entered against you, and it goes from there. It's not even a court hearing that gives them the judgement, once you don't respond within the time frame it's automatic. A judge signs and it's done.

Oh darn figures goud!
But in my case file, it says that the default judgment was mailed to me back in Oct by the courthouse and i NEVER recieved it! Makes me wonder if something's going on with my mail cuz i've NEVER recieved anything thru USPS from CACH, EVER! Weird, seems if they "really" wanted to collect this debt i'd have gotten something way back when.
I'm still SO angry at myself for NOT answering that dang citaton, that was one of my biggest mistakes EVER! SIGHS.
Thanks goud!
Ang
P.S. Also goud, as luck would have it, everything we own is in my hubby's name! And they did NOT include him in the suit, bummer huh? ;) Anyway, if they were to re-open it to add him will that make a difference to me? I know he can fight it then but what about me? Does that re-open the WHOLE case again? Thanks in advance!

I'm not sure about the reopening of the case, but I know that in my court district, the summons you receive at the start serves as notice of default judgement if you don't respond.

But if it says it was mailed in Oct that would be different. I'd see if you can get a copy of what was mailed. Perhaps someone in your house opened it and then just threw it away or something? Unfortunalty, and I could be wrong, but I don't think that you not receiving the notice of judgement would make a difference, since you did receive the citation.

If everything is in your hubby's name, then you do not want to have him added to the case. I don't know for sure in your state, but some states view married couple's property as joint, so it could be possible that they could attach something of his. But I don't know for sure.

I had a debt like 5 years ago, and I never received a summons since I had moved. They got a default judgement, and I didn't know a thing about it until my paychecks started to get garnished.

yea it is a community property state but he had the house BEFORE i ever even met him! SO that's not considered community property and also our savings acct is in ONLY his name and is an inheritance we recieve from his dad so that also is NOT community propery! SHUCKS, huh? ;)
Thanks goud,
Ang

That's actually a good thing. Then CACH can't take it!

Exactly! What a bummer! ;)
Thnx goud, it's appreciated very much!
Ang

Ang,didn't catch you this morning.They were supposed to mail you the notice of signing judgement form.It has to be post marked 72 hours before judgement is allowed to proceed.One of the many procedural errors they made.As I said before if you answered it would be toast already.

Yea Cajun, *hangs head in shame*, i know! SIGHS! I'm still holding out for this atty that i sent my case file too, they told me to hang tight! And i am but i'm SO ready to move on with this so i can put it behind me!!
Thanks Cajun!
Ang

As they say,my dog writes better paper than they wrote on that case. One good challenge and it would have been toast.I really hope your lawyer fries their butt for fdcpa & Fcra violations because you have quite a few that happened during that case.

Yea and hindsight is always 20/20 but i was SO naive and did NOT have a clue as to the law, just like these CA's want ya. So, i ignored it hoping it would go away, if only i had known what i know now!
Ah well everything happens for a reason and hopefully he can find something to appeal on.
Keeping my fingers crossed,
Ang

Ang I seriously doubt this,but if lawyer needs any caselaw or references I can forward some to them.They probably have more than me. :lol:

Thnx Cajun!
Actually i haven't heard from them in a week or so but last time i talked to em they told me to hang tight! Seems he is VERY busy. I think I may try to follow up on it today and see what's going on. And I will mention this.
Thnx again,
ANg

Most of your good consumer attorneys stay very busy.Give them sufficient time to come up with a plan of attack.

Yes and he seems like a wonderful guy! Everyone there is SO nice! But i guess patience is NOT my strong point. ha ha I've just been trying to settle this for almost 2 years now and am ready to get it going and over with to move on with my life. Put this behind me and use it as a lesson very well learned!
Thanks again Cajun,
ANg