How did they get a default?

[JoeInAz]

I live in Arizona and my wife was sued by a creditor. I filed a response within 2 weeks of being served then the creditor filed for a default judgement which was approved. How did this happen without a court date? Is there any recourse?

 

[quincy]

I live in Arizona and my wife was sued by a creditor. I filed a response within 2 weeks of being served then the creditor filed for a default judgement which was approved. How did this happen without a court date? Is there any recourse?

Why did you file a response if it was your wife who was sued?

 

[Zigner]

I'm going to assume that your wife actually drafted the response and that you simply dropped it off for filing (it's easier that way). The response likely didn't comply with the requirements.

 

[JoeInAz]

My wife was the primary defendant and they added me without knowing my name with a blanket statement so we drafted a response with both of our names that denied each accusation and I filed it. I was sure to include everything.

 

[quincy]

My wife was the primary defendant and they added me without knowing my name with a blanket statement so we drafted a response with both of our names that denied each accusation and I filed it. I was sure to include everything.

I can only guess as Zigner did that your response was defective in some way, allowing for the default judgment.

You can check the court files.

Out of curiosity, were you sued by a debt collection agency? If so, which one?

 

[adjusterjack]

the creditor filed for a default judgement which was approved

What happened between the time that the creditor filed and the approval?

The process should have involved the creditor filing a motion, serving you a copy of the motion, and you having an opportunity to respond stating why the motion shouldn't be granted.

Did any of that happen?

 

[Ohiogal]

Did you serve them a copy of your response?

 

[FlyingRon]

The question is did you respond for the default/summary motion? Just because you filed an answer to the complaint doesn't mean you can ignore further proceedings.

 

[JoeInAz]

The question is did you respond for the default/summary motion? Just because you filed an answer to the complaint doesn't mean you can ignore further proceedings.

Ah, I assume that is it then. I thought the motion for default would not be accepted after I filed the response. I believed a court date would be set after my response. Thank you for your response.

 

[adjusterjack]

I thought the motion for default would not be accepted

But you did get the motion for default but just didn't respond to it with your objections? Motions often get granted when they are unopposed. That's why they got the default judgment without a hearing.

Your wife might be able to get the judgment set aside under Rule 60(b):

https://govt.westlaw.com/azrules/Do...ype=CategoryPageItem&contextData=(sc.Default)

Check your court's website to see if a form is available. If not, here's one from the Justice Court. You can create your own using that format. It also has instructions that are probably good for any court.

http://justicecourts.maricopa.gov/Forms/8150-134_cv_MotiontoVacate.pdf

 

[not2cleverRed]

Did you serve them a copy of your response?

I think this is the key.

Many laypeople are unclear on what constitutes a legal "response".

(I know someone who showed up at a lawyer's office and said, "This says I need to respond. Well, this is me, here. Responding.")

 

[happygilmore]

Did the OP forgot/missed the court date and the court granted debtor's motion for the default judgement? I don't understand why he had to file a response (defense) prior to the court date.

 

[quincy]

Did the OP forgot/missed the court date and the court granted debtor's motion for the default judgement? I don't understand why he had to file a response (defense) prior to the court date.

When you are served with a summons and complaint, you (generally) file an answer to the complaint (admitting or denying the claims made in the complaint). This happens before the court date.