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TexLaw
TexLaw, Attorney
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Hi, I received a letter from a Creditor about a case they

Resolved Question:

Hi,

I received a letter from a Creditor about a case they had filed and how I had not responded. Now they are asking for a default judgement. What happens here? How do i file an answer now to stop that judgement?

I was overseas for about 8 months and am just trying to get everything back together. I just want some time to be able to start getting back on track. What do I need to do? Please advise.
Submitted: 5 years ago.
Category: Legal
Expert:  TexLaw replied 5 years ago.
DearCustomer

Thank you for submitting your important legal issue to Just Answer. I am pleased to have the opportunity to provide you with an honest and easy to understand answer to your question.

I am an attorney licensed in the State of Texas. The following information is a brief answer to your question. However, if you feel that you need further information or that you have other insights which might help me in providing a better answer, please feel free to write back.

Generally, to file a lawsuit, a party must obtain what's called "service of process" on the party which is being sued. Since you were overseas for 8 months, it is likely true that the Creditor obtained what is called "substituted service", meaning they provided you notice of the lawsuit through another method rather than personal service. Now that you have received notice by the letter, you do need to file some kind of responsive pleading. I would recommend filing a Special Appearance, which states that the Plaintiff never obtained personal jurisdiction over you in this lawsuit because you were never served with process. This should stop the court from issuing a default judgment in your case. Should the Creditor have actually obtained substituted service or some other form of service of process, then you need to immediately file an Answer with a General Denial, which states something to the effect of: "Defendant denies each and every, all and singular, allegations and claims made in Plaintiff's Original Petition and all amendments and supplements thereto.

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Zachary D. Norris or The Norris Law Firm. For complete legal advice and representation, you should consult with an attorney licensed to practice in your state.


TexLaw, Attorney
Category: Legal
Satisfied Customers: 4270
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 9 other Legal Specialists are ready to help you
Customer: replied 5 years ago.

Thank you,

 

Do I send a Answer describing my inabilities and thereby "failing" to respond to the plaintiff?

Expert:  TexLaw replied 5 years ago.
In your Special Appearance, you explain where you were, you need to support this with an affidavit, and state that you were never served with the lawsuit. You can file your Answer containing the general denial subject to your Special Appearance. In your Answer, you just deny. In the Special Appearance, you do not state that you "failed" to respond, but that you never had a chance to respond because you were never served, and therefore, the case should be dismissed until you have been properly served.
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4270
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 9 other Legal Specialists are ready to help you

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TexLaw
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Lead trial/International commercial attorney licensed 11 yrs