My ex father in law paid off the student loan he co signed for me and we worked out an agreement for repayment and it was notarized. I informed them three months ago my wife and I had emergencies come up and I would catch up on payments since it drained our savings. I replied efile to the court clerk in Iowa and was sent a notice for a pre trial conference call. There attorney was supposed to call the Administrator and start the conference. He never did ( this happened today) and the day the document for pre trial conference was done and sent to me he filed for motion of default judgment. Can they get default judgment even though it hasn't gone to trial yet? They also tried to tack on more to the debt for supposed loans they gave my ex wife and I while we were married that are false and they have no evidence of before having me server
The legal system does't work quite the same way as it is portrayed on tv or in the movies. A default judgment is a court decision granted because the other side didn't repond properly to the lawsuit. A summary judgment is a court decision when no material dispute of the facts exists. Either way, there is no trial. What you describe sounds like summary judgment. Hope this perspective helps!
No private follow up questions or comments. Use this public forum so all the attorney volunteers can respond. The "Email" button can be used to arrange a consultation if you meet the criteria my office requires.
I should mention that your debt to your ex father-in-law can almost certainly be discharged in bankruptcy, even though he paid off a student loan, and even though he has already obtained a judgment. If you have debts you cannot pay, I recommend that you consult with an experienced bankruptcy attorney to see what kind of protection you are eligible for, what options you have available to you and what they would cost.
You wrote, "They also tried to tack on more to the debt for supposed loans they gave my ex wife and I while we were married that are false and they have no evidence of before having me server."
If you did not file a timely answer, the plaintiff might have obtained a default judgment.
Check case.net. Consider hiring/consulting a local attorney. Default judgments can occasionally be set aside with timely action.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline