Q: I received a default request and entry. Can I still fight this?
I live in Michigan. I was sued over an unpaid balance to an electric company. I tried telling the debt collectors that I had never lived at the address in question. A family member had used my info to get power on at their residence, which they failed to pay. I was served by a packet left at my front door, when the process server was unable to reach me. Now, I have never received a court date, but got an order for default request and entry in the mail saying that I failed to plead, requesting a default judgment.
A: You can. If successful, you may get a chance to answer, and proceed to trial or try to negotiate with the electric company. It will be tough though. Most process servers are pretty good documenting their attempts to reach you, and if where it was left under the door is your address, you'll need to explain.
Do you think you can win the case? Sounds like your identity was used without your permission. Would you be willing to file a police report against your family member? Bottom-line is someone is going to be responsible for the amount owed, and it won't be the electric company. Sometimes to get yourself off the hook, you need to put someone else on it.
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