Guest Forn8N Posted November 12, 2012 Report Share Posted November 12, 2012 I had a default entered against me in circuit court in Alabama for a debt last year. The amount was pretty large, over $10k, the plaintiff was CACH for a supposed BOA card. I was execution proof then and still am now, but it is looking like in the future I might not be. I know it was silly to not defend initially, but i am trying to clean up my mess now. The only option left for me that I can see is a Rule 60 motion for relief from the judgement because it is void from a lack of standing. My main question is that during the whole time it was with their 2 or 3 collectors none of them ever replied to my DV's with any sort of proof, statements, affidavits or bills of sale. When they finally sued me, they also attached no exhibits, just a short complaint alleging breach of contract and account stated. Did they just not show it because they didn't have to and if I try to claim they never had standing they are just going to dump it on me, or is it possible that they don't have anything or it is flawed?Thanks Link to comment Share on other sites More sharing options...
1stStep Posted November 12, 2012 Report Share Posted November 12, 2012 They got what is called a default judgment - meaning they sued, served you (probably) and then since you failed to answer - got a judgment against you.In order to vacate it, you have to show an extraordinary circumstance - like not being served properly in order to get it tossed. Also, your state may only allow this to happen in a short time frame - say 6 months from the judgment date - and if you don't do anything, it will be stuck in stone until the judgment expires. Link to comment Share on other sites More sharing options...
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