Illegal Default Judgments

[Tania123]

What is the name of your state (only U.S. law)? Illinois

I had a case dismissed that was credit card debt. Since then, other junk debt buyers are trying to collect, which for the most part, once I right them a letter, they go away.

Here is my question. I hearing all sorts of horror stories of illegal default judgements, where the defendent does not know about until AFTER their bank accounts are cleaned out! I understand, naturally, you can appeal for not being properly served, (and those are the cases I am talking about. Where the judge overlooks proper service)

But my question is, how would you know that there is a judgement other wise? I have a credit monitoring service, is something that goes on your credit right away?

My attorney told me not to worry about that, how rare that is, and what a monumental hassle that one would have to go through to file a fraudulent default judgement, and then clean out your bank accounts.

I keep hearing those stories, although I am wondering if the person just ignored the summons, or maybe they authorized a garnishment, ( and instead got cleaned out) or if this really is very very rare.

how often do you think improper service happens? I've been to court a few times in my life, and I know how important it is how careful my attornies were.

 

[swalsh411]

Are you asking about something that has actually happened... or something your attorney has told you probably will not happen and you have not received anything to indicate is actually happening.

To put another way; it's very hard to answer questions about hypotheticals.

 

[Tania123]

No this has not happened to me. I understand the issues with hypotheticals. So many variables.. I guess everything and anything is possible.

 

[Tania123]

I will rephrase the question..

When are you notified of default judgement? Or is the notification

1) when you bank account gets sweeped clean,

2) when it shows up on the credit report.

Thats the only thing I can think of. Are their other ways? I would think the court would send you something, right? Is that standard procedure?

 

[Proserpina]

I will rephrase the question..

When are you notified of default judgement? Or is the notification

1) when you bank account gets sweeped clean,

2) when it shows up on the credit report.

Thats the only thing I can think of. Are their other ways? I would think the court would send you something, right? Is that standard procedure?

If the judgment includes a writ of levy/lien/garnishment the plaintiff can go ahead. If the judgment does not include such a writ, then a separate writ must be obtained from the court. Judgments usually appear on your credit report pretty quickly but there's no hard and fast rule.

(Talk to payroll departments - it's not uncommon that the first a debtor hears about a wage garnishment is the first time his check is actually garnished...)

Though it's true that sometimes these default judgments are obtained without proper service, more often than not the debtor is fully aware of the debt and simply doesn't go to court, ignores the summons and/or doesn't understand what the summons actually means.

So yes, the debtor will receive notice that the judgment has been entered - as a rule. He may not however receive notice that he's about to be levied/garnished. It is at this point when the debtor can challenge the "default" part if he feels he was improperly served although realistically this does nothing more than prolong the inevitable. Many debtors successfully overturn the default judgment only to be served (quite properly) right there again in the courthouse - on the same day.

 

[Tania123]

Thank you so much for helpful response! My concern was learning about the judgement, and you explained that. My intuition told me that typically its not a proper service issue adn that maybe, people do not understand that they did receive a summons.

From my experience, the whole issue of proper service is typically handled very delicately. It would not make sense to go through the hassle of suing someone, and then having it thrown out because they did not follow rules.

Thanks again.