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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
