If a creditor litigates you to get
to collect a debt, it can be done by filing a complaint. You have 21 or 28 days
(depending on how it was served) to react to the complaint by filing an answer.
If you don’t want to answer a complaint within the time period, your creditor
can ask the court to locate you in default. A creditor can also ask the court
to find you in default if you don’t do a thing that the court orders you to do,
like coming to court for a hearing, answering a discovery subpoena, or making
court ordered payments.
A default is introduced in one of
two ways. In some courts, the court clerk presents a default if the defendant
doesn’t answer or respond to a complaint by the time given. In other courts,
the creditor must ask the clerk to enter a default. The creditor does this by
filing a Request for an Entry of Default and Affidavit with the court.
The affidavit must also define
you are not on active military duty as far as the creditor knows. A default
can’t be entered against a person on active military duty.
If the case is in a district
court, the clerk of the court is meant to send the notice of default to the
parties (you and your creditor). If the case is in any other court, the
creditor must forward the notice to you and submit a proof of service with the
court. The proof of service states that all the parties to the case were sent
notice of the default.
Considering the complexity
involved with default judgement collections, it is best to hire a judgement
collection agency that can perform the job easily and effectively. A good
agency is much better than skip tracing websites. It works in a professional
way to end all your worries in a sustainable manner.
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