shelteredinplace247

Default judgment in error

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Hi to all - hopeful someone can advise. 

I was served by Hunt and Henriques, and I sent all requested paperwork back to them (interragories, etc) before they were due - slow mail but it arrived on the due date before the due time. Well, I looked into the court page to see if there was any general movement, and I noted that H&H filed for default judgement and it was entered in last month. I haven't received anything from the courts yet on this. I am not sure what to do - should I point out the error to H&H (mail/letter) and ask them to remove this? From what I have googles, looks like I can't do a motion to vacate due to error until I am served by the court? This is unclear to me. 

H&H has been doing some fairly underhanded stuff throughout this, and I don't doubt they know they messed up but filed anyhow. In my interigories I stated I had no idea if the amount was correct because they hadn't even sent me the statements for the debt. Interestingly they sent the statements a couple weeks ago, after asking for default. 

Any advice is appreciated here. Thanks! 

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5 hours ago, shelteredinplace247 said:

Hi to all - hopeful someone can advise. 

I was served by Hunt and Henriques, and I sent all requested paperwork back to them (interragories, etc) before they were due - slow mail but it arrived on the due date before the due time. Well, I looked into the court page to see if there was any general movement, and I noted that H&H filed for default judgement and it was entered in last month. I haven't received anything from the courts yet on this. I am not sure what to do - should I point out the error to H&H (mail/letter) and ask them to remove this? From what I have googles, looks like I can't do a motion to vacate due to error until I am served by the court? This is unclear to me. 

H&H has been doing some fairly underhanded stuff throughout this, and I don't doubt they know they messed up but filed anyhow. In my interigories I stated I had no idea if the amount was correct because they hadn't even sent me the statements for the debt. Interestingly they sent the statements a couple weeks ago, after asking for default. 

Any advice is appreciated here. Thanks! 

Please give us a little more information.

How were you served?

Did you file a copy of your answer with the court?

If to don’t mind, could you please post a copy of your answer with all identifying information redacted?

 

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6 hours ago, BV80 said:

Please give us a little more information.

How were you served?

Did you file a copy of your answer with the court?

If to don’t mind, could you please post a copy of your answer with all identifying information redacted?

 

Hi and thank you for responding @BV80- I will upload the redacted paperwork in a bit (gotta get to the computer with those files). 

I just looked at the court site again and noticed an issue I had not seen prior  - I DID Answer to Complaint Filed by H&H, however, per court website, my answer/response doesn’t show up for this case. I DO have tracking and proof of delivery to the court before it's due date, so this too is in error (wow). The reason I caught this today is because H&H actually filed on 2 cards I had with Citibank, and 1 case shows the fee waiver approval and answer filling, while the second case (the one I am referencing here) does not show it... I have no idea how to provide this proof to the court so that they can fix this error/oversight. This might be why the court allowed default entry? I do not know. What is really odd to me here is that H&H received their copies of the answers to complaint, since they continued on to send me interrogatories + (back-to-back; case 1, then once they received those by the due date they sent another set for the second case. Case 1 is just sitting there for past 8 months not moving as courts  are backed up/closed). 

As for my interrogatories +, as mentioned, they were due (and received/sent to H&H) by due date; the day after due date, H&H sent me a letter stating they hadn't received it and would be pursing default judgement. I presumed this was sent in error and haste, as I knew they indeed did receive it. Also, since nothing showed in the court system online for a month afterward I figured  they didn't pursue since they had indeed received the paperwork, and figured their letter was auto generated, esp given that it came the day after items were due. Looks like the court is very backed up and this is why I now see the default entered, 6 weeks later. 

As for this default entry, another odd event: I answered back that I had no idea if I owed what they said I did because I hadn't received any proof and could not access old statements. H&H sent me the statements AFTER they filed for default judgement entry. The only paperwork which mentions my request for proof via old statements was this interrogatories + response paperwork which they claim was never received. 

I may be over thinking all this but its a colossal mess - I did everything correct in order to avoid defaulting in order to get into court and then negotiate the debt. No clue what to do first, or where to go with all this. 

 

 

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