AFS Assignee of Washington Mutual Bank K vs. M.B.

Timothy Murphy Phillips

Case Conclusion Date:August 4, 2009

Practice Area:Litigation

Outcome:Default judgment set aside and case dismissed

Description:M.B. was unaware of any debt he owed to Washington Mutual, but an assignee of Washington Mutual filed a lawsuit against him for damages for breach of contract and common counts, interest on the damages, and attorneys' fees. M.B. did not receive proper service of the lawsuit and lacked actual notice of the suit in time to defend himself. As a result, a default judgment was entered against him. Tim Phillips filed a successful motion to vacate the default judgment. Mr. Phillips then sought proof that the debt actually existed. This request prompted the assignee of Washington Mutual to dismiss the case.