If the default was set aside and a new court date set, (July 12) then that will be the trial of the case on the merits. Both sides will present their evidence and argue their case at that time. You cannot default the other side. You have to go to court and present all the evidence and explanation that you have as to why the money isn't owed to that creditor who sold the account to the debt collectors. All of the defenses you mentioned sound pretty good.
Hello Customer: You don't have to prove your case at that hearing. You just have to show the judge that their claim is and has been disputed with the original creditor. You can't "win" the case at this hearing. All you can do is have the default set aside and an opportunity to present evidence in defense of the claim. You don't need case law here, the judge knows the law of vacating default judgments. Just show that you; a) never received the summons; and b) you have a lot of evidence with which to dispute that creditor's claim. Good luck.
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