Legal Question in Credit and Debt Law in Maine
Vacating a judgement
My husband recieved papers from our local courthouse saying that he was being sued for an old bill. We contacted the collection agency and asked about this bill. My husband did not know anything about it, so we asked them for some information on this account. They told us the wrong place of employment for my husband and would not give us anything with proof of his signature to let us know it was his account. We then filed papers in that reguard to the courthouse. We then recieved some paperwork from the collection agency asking us for more information. We did not respond because it was not from the courts. We then recieved a judgement against us from the courts. We never got a date to go to court to present our side. What can we do now. We did not know that we had to respond to them. We thought we only had to repond to the courts.
1 Answer from Attorneys
Re: Vacating a judgement
If your husband was served a summons and complaint, he had 20 days to file his Answer with the Court and copy the creditor or else a default judgment would be entered if the creditor sought one. If your husband was served a statement of claim (small claims) and a subsequent notice of hearing, a default judgment would be entered at the hearing if the creditor appeared but your husband did not. If the creditor served your husband a request for admissions or certain motions, his failure to respond could also work a default judgment.
You should as soon as possible request that the Court vacate the default, provide a good reason for your failure to Answer and also provide a good faith defense to the debt (ie- not actually your husband's debt).
And yes, you do need to respond and deal directly with the other party and not just the Court.
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