I received a default judgment from a collection agency because I missed the deadline to respond to the complaint.

Asked over 1 year ago - Gilbert, AZ

The paperwork was served to a minor...is that legal? I didn't respond answer because I was told that I could contact the collection agency and try to work out a settlement. I reached out to them and was told they wouldn't speak to me a on recorded line. I assumed that I would receive a court date and never expected to receive paperwork in the mail for a default judgment. Is there any recourse for me. The supposed debt is from a bofA credit card from 1997 that was settled. Unfortunately, I now understand that the collection agency still has the right to collect additional money.

Attorney answers (4)

  1. Steven W Zachary

    Contributor Level 17

    3

    Lawyers agree

    Answered . You need an attorney to help you quash the default judgment, start the case and show that you don't owe the debt since it was settled. You will need proof that it was settled. An added problem that you might have is if the suit is in justice court, there are particular things that you might need to do. Contact an Arizona lawyer to get things going.

  2. Myron Wayne Tucker

    Pro

    Contributor Level 12

    3

    Lawyers agree

    Answered . It is not clear what question you have. If it is about proper service, the answer may be no, but if do not do anything to challenge it, it will be deemed proper. Being "told by someone" and "assuming" are not good legal arguments for failure to take the correct action to defend yourself. If your "understanding" is the result of consultation with a competent attorney who reviewed all the related documents, then you also may have received advice of how to deal with a default judgment. If not, you may be missing some valid legal defenses and/or strategies that could provide you some relief.

  3. Stuart Gregory Steingraber

    Contributor Level 18

    2

    Lawyers agree

    Answered . This is a "good news-bad news" situation. The good news is that you can file a motion to vacate the judgment and quash service of the summons because it was not served according to AZ law. Don't wait too long as this is something that can be lost due to lack to attentioni. The bad news is you will need a lawyer to navigate the complexities of the legal system

  4. Stuart Gregory Steingraber

    Contributor Level 18

    1

    Lawyer agrees

    Answered . This is a "good news-bad news" situation. The good news is that you can file a motion to vacate the judgment and quash service of the summons because it was not served according to AZ law. Don't wait too long as this is something that can be lost due to lack to attentioni. The bad news is you will need a lawyer to navigate the complexities of the legal system

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