Sued by attorney's for Capitol One . By advice I sent a list of items for discovery by registered mail, the plaintiff never responded nor picked up my registered mail. The judge still ruled against me. I asked for contract signed by me establishing a relationship, records and signed returned receipts for all correspondence sent to me, records of all phone calls regarding the alleged debt and proof the debt was mine due to some mail being addressed to a "todd" instead of my name Ted. Also proof that the debt was still owned by Capito; One and not a third party.
We out here cannot possibly answer this question without knowing what happened procedurally in the case notwithstanding your request for discovery.
Generally a complaint is filed, and you either move to dismiss or answer, depending. Without knowing how the case proceeded one would have to speculate.
I will assume you did not answer, but instead sent discovery to the other side, and waited and did nothing more. Then a default came down. Or, you went to trial and didn't properly defend.
Generally there is either a default in which case an affidavit of damages is submitted and the judge rules on what's in the file. Or, you go to trial, and at that point you have to make evidentiary objections to the claim, the proof of the claim, and proof of damage.
Without knowing more about how this case went from complaint to judgment, as I said, its pure speculation.
This is a public forum. Any questions or answers published here should not be construed as the giving or receiving of legal advice or the formation of any attorney-client relationship. You should consult with a competent attorney in the jurisdiction where your legal issues are pending and get good, solid legal advice. This being a public forum, those answers you do read are merely given for informational purposes only.
I hate to say it, but it sounds like you totally blew it. Granted, as Richard points out, hard to give an explanatory answer without knowing how the case proceeded and resulted in judgment (from a procedural standpoint). But even without knowing that, no matter how the judgment was entered, I don't think you can un-ring bell. Judgments are presumed final. As such, it is a very high and burdensome standard to overturn or set aside a judgment.
If the judgment was entered by default (meaning, you didn't properly respond to the complaint)...that won't help you because you were clearly aware of the lawsuit (you tried to send discovery). So, you can't say you didn't know about it or weren't properly served. You simply didn't know how to properly proceed...your ignorance is not a defense.
If the judgment resulted from either a summary judgment motion or trial, then there was a decision on the merits of the case. And again, you didn't know how to proceed or properly defend. In which case, there would be no legal basis to set aside the judgment.
I know this is not the answer you "want" to hear. The phrase "ignorance of the law is no excuse" is a real thing. If you are not going to hire an attorney, you are not given any special consideration for not knowing what you are doing. As much as it pains me, and I am very much an advocate for debtor's, your choices led to this outcome.
The direct answer to your question is - it depends.
There are a lot of factors to consider such as:
-how many days has it been since the judgment was entered?
-why did they not respond to your requests?
-were they legally required to respond to your requests?
-if they had responded to your requests would the outcome have been any different?
If you are considering trying to get the judgment vacated you should sit down with an attorney asap. The scenario you have explained is very fact dependent and a good debtor attorney can advise you as to your options. It may be that you sent the discovery requests to the wrong address/party or that the format was not proper in such a way that they were not required to answer the requests.
My answer to this question is for general purposes only and does not establish an attorney-client relationship and is not legal advice. You should contact an attorney directly for legal advice.
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