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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Consumer Protection Law
Satisfied Customers: 16391
Experience:  Experienced Licensed Attorney
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I have a debt that originated in North Carolina with the last

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I have a debt that originated in North Carolina with the last payment date of 12/2010.
I have since moved several times and currently reside in Utah.
I received a default judgement from a district court in Massachusetts on 10/11/1013.
I moved from Mass this past May and never received a summons.
What are my my options as I am concerned the next step the creditor will take may be wage garnishments.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about this unfortunate situation.

Is this default judgment for a debt that belongs to you?

How did you find out about this default judgment?
Customer: replied 3 years ago.

The debt is mine and I just received a copy of the default judgement in the mail last Friday 10/11/2013.


I never received or signed a summons as I no longer live in Massachusetts.

Dear XXXXX,

Thank you for your follow up.

In which state are you currently residing and do you know if the judgment has been domesticated in your current state of residence?

Who sent you the copy of this default judgment?
Customer: replied 3 years ago.

I currently live in Utah and do not know if it has been domesticated.


I do not know what that term means either.


The copy of the judgement came from the District Court of Massachusetts, Somerville, MA

Dear XXXXX,

Was the copy of the default judgment sent to you by the court (that would be very unusual, as court would not even have your current address in most cases)?
Customer: replied 3 years ago.

It was sent by the court to my old address in MA, and then forwarded by the USPS to my current address in Utah.

Dear XXXXX,

What is the amount of this default judgment and when was the judgment issued by the court?
Customer: replied 3 years ago.

Amount = 10482.32


Date of breach = 08/26/2013


Date Judgement entered = 10/08/2013

Dear XXXXX,

Thank you for your follow up.

Do you know if anyone at your prior address in Mass. has accepted service of summons and complaint on your behalf?
Customer: replied 3 years ago.

The property I lived in was a rental property that I know for a fact was rented out to another person after I moved out.


I highly doubt anyone there would accept service for someone they did not know.

Dear XXXXX,

Thank you for your follow up.

Basically, there would be two options for someone in a position similar to your to address this default judgment when a summons and complaint was never properly served on the defedant / judgment creditor:

1) To file a Motion to Set Aside Judgment based on the lack of service in the court that has issued it in Mass. and the judgment creditor's attorney would have to prove that the judgment debtor was properly served or the default judgment will be set aside and the lawsuit would start from the begining.

2) To contact attorneys for judgment creditor and to negotiate some type of a settlement either for a reduced lump sum payment or for an affordable monthly payment, so the matter can be resolved and the judgment creditor would not further pursue collection enforcement of this judgment.

I wish you the best of luck and please let me know if you have any related follow up questions.
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