How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Alexia Esq. Your Own Question
Alexia Esq.
Alexia Esq., Managing Attorney
Category: Legal
Satisfied Customers: 13556
Experience:  19 Years of Legal Practice Experience in this precise field.
Type Your Legal Question Here...
Alexia Esq. is online now
A new question is answered every 9 seconds

how to answer a motion for default judgement on a debt collection

Resolved Question:

how to answer a motion for default judgement on a debt collection lawsuit. I want to enforce my cease and desist letter to the collection agency per provisions of Public Law 95-109 and 99-361, also known as the Fair Debt Collection Practices Act. How do i get the court to either vacate or quash since they are not a party to the transaction?
Submitted: 6 years ago.
Category: Legal
Expert:  Alexia Esq. replied 6 years ago.



I am an attorney with 17+ years of legal experience and will work diligently on your answer. While I am permitted to provide you with legal information, I am prohibited by and various state bar associations from giving legal advice, representing you or entering into an attorney-client relationship through this open forum. Do you understand and agree to these provisions as well as's disclaimer?

Please respond with a Yes or No to continue.


Customer: replied 6 years ago.



Customer: replied 6 years ago.
i need to file a response today. they filed the motion for a default on 8-10. so today is my 30 day deadline.
Expert:  Alexia Esq. replied 6 years ago.

Hi again, and thank you.


You must file and serve what you will entitle "Oppostion to Plaintiff's Motion for Default Judgment" and include an affidavit to explain why you failed to Answer. Ideally, it is because you were never properly served. Explain also the MERITS of your defense and how plaintiff would not win on the claim, whether it is because you do not owe the money, do not believe you ever had that account, did not wrack up those charges, etc.


As for the plaintiff being a collections agency, if you had answered and demanded discovery, you could have demanded evidence of the fact that the collection agency was assigned the rights to sue on this by the original creditor (which would give the agency standing), or that the collection agency bought the debt (same thing). If they couldn't produce, or admitted that they didn't, you could then file a Motion for Summary Judgment on the issue of plaintiff's standing, and seek dismissal. However, you can only do that after you have discovery. As it stands now, you will likely then have to wait until the plaintiff presents its case, you cross examine the plaintiff during its case to demand the documentation showing that plaintiff has been assigned the debt and right to sue (that he is the "assignee"), when he can't produce, ask the Judge to dismiss the complaint due to plaintiff's lack of standing.


As of now, you really don't know one way or another if the plaintiff has standing, if you didn't perform your due diligent discovery. So you main need right now is to get that Motion in to prevent Default. The cover page will look similar in structure to the plaintiff's motion papers, except you tailor it with your side's information where appropriate, and you use YOUR facts in your affidavit (notarized), showing those merits as to why you don't owe the debt.


Good luck!



Hope this helps to clarify. If it does, please click ACCEPT and follow up if needed after you do so. If you need more detail, please click Reply, not ReList and I will gladly respond. Also, if you exceeded the one question one answer standard, and the expert provided you with answers to your additional questions, BONUS is an appreciated way of saying thank you! This expert's credit proceeds go towards providing volunteer provisions for the disabled. Thank you for helping!


I believe I have answered your question and I hope you a better understanding of your legal issue as a result. As you know, I am only the messenger, not your attorney, nor can I create favorable law if it doesn't exist, so please don't hold it against me if the legal result is not what you wish. ACCEPTING the Answer a so ensures I will be able to assist your with your future legal question. In addition, Positive "FEEDBACK" and BONUSES are also appreciated. If you would like my assistance in the future, just put TO ALEXIA ESQ in your title or first sentence of a new post. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break, or if it is late at night, I may have to go get some shut eye til morning, but rest assured, I'll be back for you. Thanks


Alexia Esq., Legal Expert



My Standard and Required Legal Disclaimer. The information given by me here is not legal advice. You should not and may not rely on anything on this website as legal advice and you agree that the nominal price you may voluntarily pay for information here clearly does not pay for any legal advice. I am neither establishing nor accepting an attorney-client relationship with you. You must hire an attorney in your state as a matter of law, in order to receive legal advice and attorney/client relationship and rights. I do not claim to be licensed to practice in the state where this information is being provided or whose law would apply, if any. My licensing credentials are noted in my profile, which you have full access to. As law is always changing, you are recommended to consult with the appropriate legal counsel in your jurisdiction for accurate and complete information. Thank you, XXXXX XXXXX a great day.



Alexia Esq. and 5 other Legal Specialists are ready to help you