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Home > Reader Questions > Can a Default Judgement Be Awarded if I Am Not Served? – Michael

Can a Default Judgement Be Awarded if I Am Not Served? – Michael

Due to an auto accident I was unable to remain current on my debts and was able to work with all creditors but Citibank. The quit accepting the small payments I was able to make and sold the debts to collection agencies. I recently received a call from an attorney for one of the debts and they stated a lawsuit had been initiated and I will be served with a summons and complaint. I can pay the amount due, in excess of $8,000.00, in 4 payments or a judgement would be obtained for the full amount plus attorney fees. I told them that I had sent a letter certified mail requesting a repayment plan a week prior and was traveling on business and not available to retrieve a response. I was told they did not know anything about that.

Can a default judgement be awarded if I am not served?

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Can a Default Judgement Be Awarded if I Am Not Served?   Michael
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Steve Rhode
Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.
  • Damon Day

    Hello Michael,

    I am not an attorney so I cannot give you legal advice. Based on my experience, it depends on your state and the rules of process. In some states you can be served by someone else receiving it over the age of 18 at your home, through the mail, or even via publication, but that is usually only by petitioning the court.

    Unlike the movies you usually can’t avoid a lawsuit by simply ditching the process server.

    Also sometimes process servers can not be totally truthful and say you were served when you weren’t. In which case you would have to file a motion to vacate the default judgment to attempt to get it removed.

  • http://DamonDay.com Damon Day

    Hello Michael,I am not an attorney so I cannot give you legal advice. Based on my experience, it depends on your state and the rules of process. In some states you can be served by someone else receiving it over the age of 18 at your home, through the mail, or even via publication, but that is usually only by petitioning the court. Unlike the movies you usually can’t avoid a lawsuit by simply ditching the process server.

    Also sometimes process servers can not be totally truthful and say you were served when you weren’t. In which case you would have to file a motion to vacate the default judgment to attempt to get it removed.

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