How to Handle a Default Judgment: A Comprehensive Guide
We have a lady who is being sued for $1,300. The dirty bastards didn't actually serve her, and she found out about it before the default judgment hearing. If you are also in a similar situation, we have recommendations.
Understanding Default vs. Default Judgment
It is easy to get confused by "default" and "default judgment." A "default" occurs when a defendant fails to appear, plead, or otherwise defend the action within the allowed time. This failure allows the opposing party to seek an order declaring the defendant to be in "default." This is a stepping stone to what the plaintiff really wants: a "default judgment," which resolves the case in favor of the party seeking relief.
Steps to Set Aside a Default Judgment
Here is a starting point for a motion to set aside the Order of Default.
The factual statements in the motion are not considered evidence. Testimony is evidence. Use a declaration to testify to the non-service of the summons and complaint. If multiple adults live with you and they could have been served, each of them needs to fill out a similar declaration.
Serving the Motion
You need to serve the motion to the Court and the plaintiff. In this case, the lady would send a copy to the Court and to the attorney for the plaintiff. Worst case, the Court will have their address.
However, serving the motion does not get it in front of a judge. To do that, fill out this Citation. In the lady's case, she can use the date and time for their pending motion for a default judgment. If you don't have that date already, find out from the court clerk a hearing date 3-4 weeks out. Fill out your Citation and serve it along with the motion and declarations.
Recapping the Process
To recap, follow these steps:
Fill out the motion, declaration, and Citation.
Send a complete copy of everything to the Court and to the opposing attorney.
Show up on the hearing date!
Last but not least, see our post on filing an Answer. Create your Answer and serve it with your Motion.
Additional Resources
Part of a Series - Also see our self-help posts on:
Feel free to ping my Law Clerk (Nathen) if you have specific questions about the process.
Got a Case Like This?
If you’ve encountered similar issues with telemarketers, debt collectors, or bankruptcy-related harassment, we might feature your story in a future blog post. Email your situation or legal filing to peter@nwdebtresolution.com or nathen@nwdebtresolution.com.
📞 Call: 206-800-6000 / 971-800-6000
📧 Email: peter@nwdebtresolution.com
Note: The opinions in this blog are mine (Peter Schneider) and do not constitute legal advice. If you're considering suing over illegal robocalls or Do Not Call list violations, contact me for a legal consultation.
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