I have been summonsed to court in the next month and have been placed with a default judgment because I did not respond to the plaintiff. I was unable to respond because the company who was supposed to help me turned out to be a scam. my question is should i still submit my response to the plaintiff a month and half away from trial or do I just wait until court?
2 Answers from Attorneys
If there's a default judgment against you, there will be no trial. You are probably being summoned to appear for a judgment debtor's exam, so the judgment creditor could determine where you work, where you bank, and nformation about other assets which it could attempt to levy or seize. If you have a meritorious defense, you might strongly consider filing a motion with the court to set aside the judgment and default based upon your mistake, surprise, inadvertence, or excusable neglect.
You generally have 6 months to bring a motion to set aside a default judgment based upon inadvertence, surprise or execusable neglect,. If it has been more than 6 months, it may be too late for you to set aside the judgment, in which case you will need to pay it or file bankruptcy.