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Collections Law/Default judgement


QUESTION: I replied to a complaint summons and have the certified receipt. I was just served a notice they filled for default judgment on the account.  It's it possible for the them to do that?

ANSWER: I have to ask the obvious question, did you miss the court date given in the summons? I have never heard of a judgment being issued without both parties being well aware of it. If the judgment was issued without you having proper notification, ie the proper date being given in the summons, then you need to contact the Clerk of Court in your county and file a complaint. Thank you for your question and I wish you the best with this situation.

---------- FOLLOW-UP ----------

QUESTION: I sent the replies back before the due date. A judgement was not issued yet, but they have requested one saying I did not answer the original summons.

You stated in your original question that you replied to the complaint by certified mail. Contact the party that is filing the suit and send them a copy as well as the court.  That should do the trick. I don't understand why the creditor is playing such hard ball but that is why you sent it certified, to have proof. If the creditor continues to pursue you in this manner, it may be time to contact an attorney and file suit against them.

NOTE:  Somewhere on the notice you received, there should be an address and possibly a telepone number to the court.  Get in ttouch with them ASAP.

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Ray A Miller


I am qualified to answer questions on the following subjects: FDCPA, FCRA and HIPAA as well as medical collections, general collections and collection agency related issues. I trained these subjects at a nationwide collection agency and customer service call center and audited around 150 representatives for compliance to the laws. I have been in the Collections Industry for over 30 years. I feel that everyone deserves to be treated fairly and with compassion and that is the way I trained collectors. Even though I worked for a Collection Agency, I get great satisfaction in helping those who have been mistreated or in need of help with these confusing issues.


I was the Compliance Administrator with a nationwide collection agency and customer service call center-I have trained hundreds of collectors on the above referenced topics. I have been in the medical collections industry for over twenty years and research these topics on a daily basis.

ACA International

Some college ACA Certified Collection Specialist

Past/Present Clients
I am retired due to medical conditions and spend a good deal of time keeping current on collection issues.

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