Legal Question in Credit and Debt Law in Indiana

Same company, same loan, three times taken to court

In February of 2005, I received a Notice of Claim. The hearing/trila was set for March 17,2005. It went by and they received judgement for $1800.00. I hadn't shown in court because I was having a mental and emotional meltdown (long, long story) Then in October 2005 I received a Motion For Default Judgement and Affidavit as to Military Service, Age, and Competency Versus Defendant. From November 2004 thru present I have been in the National Guard, but on medical leave. They stated in it they had proof I wasn't. Then last Tuesday I received a Motion in Proceeding Supplemental and Subpoena Duces Tecum. I never received a date to be present in court for the one in October 2004. These are all from the same company my ex and I got the loan through and he was cosigner, but they only took me to court and I was the one who kept them informed and tried to pay them when it was possible. This account also shows up as closed/written off and charged off on my credit report. What do I do?


Asked on 2/12/06, 4:11 am

1 Answer from Attorneys
Voyle A. Glover Attorney at Law

Re: Same company, same loan, three times taken to court

You probably have grounds to get the judgment set aside. Speak w/a lawyer about this. She/He would file a motion requesting the Court set aside the default judgment. There would appear to be a number of grounds for the Court granting that motion.

After that, you'd be in a position to negotiate better and/or defend against the lawsuit.

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Answered on 2/13/06, 12:38 pm


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