Jump to content

Default judgement before mediation based on no response on behalf of spouse?


Recommended Posts

I am being sued by Midland Funding LLC in AZ.  Their attorney is Jerold Kaplan.  I sent in my response and have been patiently awaiting mediation this week 6/5.  Today I got something in the mail stating there is a default judgment against me because I didn’t respond on behalf of my husband, Craig.  I am married but not to anyone named Craig.  I have received mail for someone named Craig and sent it back return to sender because I don’t open mail not addressed to me.  Do I have recourse here or is this final now?  What do I do?  Is the mediation still on or all over now and I’m a big loser?

 

 

Link to comment
Share on other sites

Is your name on the default?  There may be 2 different cases, are you sure it is the same one?

If your sure, then go down to the court and file a motion to vacate judgement.  Also is AZ. a community property state?  In your lawsuit was he listed in the complaint you answered? 

As your reason for vacating the judgement, you can say wrong party of interest. 

Link to comment
Share on other sites

You might want to check to see if there is a www.naca.net lawyer in your area that you can discuss this with.  If indeed there is someone named "Craig" with, I assume the same last name as yours, that they have mixed in with your case, they have seriously violated several provisions of the FDCPA.  There's a very good chance the a NACA lawyer can make both cases go away and get you some money for NOT suing them.

  • Like 2
Link to comment
Share on other sites

Thank you for your responses! My husband notified me of the judgement when he got the mail and I was still at work. I paniced and started this thread only to see that its just from the attorney. I suspect mediation is still on! And, his request for default judgement is for Craig only so it has nothing to do w/me as far as I'm concerned. If he knew what he was doing, it wouldn't be hard to find out my real husband's name. I had planned to retain an attorney on a consultative basis but, based on your immediate feedback and willingness to help, I think, with your support I'll go at it pro se! Looks like I've got some studying to do! Suggestions on where to start are welcome! Thank you and I apologize for my panic.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.