Q: Can a default judgment be granted on me from a creditor legally without my knowledge?
I was in prison when granted. N issued. Now out and was served to list my exemptions. But all time to appeal n plead my case has passed. How is this legal without me being able to plead my case or argue the fact that the balance is more than what I actually owed. Also I'm the co signer..
A: In order to obtain a default judgment, the creditor must have been able to show the court that you were served. There are many ways to serve someone, but typically if someone is in prison, the summons and complaint are delivered to the appropriate authority at the prison and delivered to the inmate. If the creditor for some reason did not actually serve you with the appropriate papers, you may be able to have the default judgment set aside for improper service. The best way to review your options would be to contact an attorney who can review the court file to determine if proper procedures were followed.
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