Autopsy of a Debt Collection Lawsuit – How to Overturn a Default Judgment in Arizona

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Autopsy of a Debt Collection LawsuitRecently I read an article that said nearly 98% of debt collection lawsuits ended up in a default judgment.  A default judgment is entered with the person getting sued doesn’t respond to the lawsuit. Most people don’t respond for one of a handful of reasons.  A big reason is that they don’t actually get served with the documents.  Many of the debt buyers like Midland Funding, Portfolio Recovery, and Unifund have bad addresses and don’t really make much of an effort to find out where you really live.

Many people don’t recognize the name of the debt buyer and thus believe that it must not be a real lawsuit – after all you didn’t sign any agreements with Midland Funding.

But whatever the reason once a default judgment has been entered the real pain can begin – wage garnishments and bank levies can all start once a judgment is entered.

So if you have a default judgment what should you do?

In this episode of the podcast I am going to dissect a debt collection case and let you know some of the things you need to look for that can help you in your goal of having the default judgment set aside.  Here are a few of the things I discuss:

  • Picking apart the service of the summons and complaint.  Did they get it right?
  • Alternative service.  Did they follow all the steps?
  • Reviewing the court’s jurisdiction.  Did the court actually have jurisdiction in your case?

By understanding what the rules are and making sure the debt collector followed them you may be able to get that default judgment vacated and fight the case head on.

 

Topics:  Debt Buyers, Debt Collection, Default Judgment, Levy, Service of Process, Wage Garnishment

Published In: Civil Procedure Updates, Consumer Protection Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© John Skiba, Skiba Law Group, PLC | Attorney Advertising

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