In the aftermath of the Great Recession, hundreds of thousands of default judgments were filed across the country by debt buyers such as CACH, LLC and Portfolio Recovery Associates, LLC. Most of the time, these default judgments were based on valid service of process. But in many instances consumers were left without notice of the lawsuit and the subsequent judgment, often because of fraud or mistake on the part of the process server or the debt collector.
It is never too late for a consumer who recently found out about a default judgment to consider their options. A San Diego Default Judgment Attorney can help tremendously.
Default judgments can be entered without warning because of “sewer service”
It is not uncommon for a default judgment to be entered without any warning or notice to the consumer. This risk is particularly acute when a debt collector files a lawsuit without first trying to resolve the account first. The number one cause of these “no-notice” default judgments is “sewer service.” Sewer service occurs when a process server serves a person at a residence that is believed to be connected to the defendant, but the defendant no longer actually lives there. The risk of this type of “sewer service” is increased when a defendant is a renter and frequently moves from place to place because the address listed by the credit bureaus may not be accurate.
It is also important to note that the process server role can be extremely stressful and typically lacks any form of meaningful oversight over the accurate completion of proofs of service at the time of service. This tends to create conditions under which false proofs of service are executed for business reasons or for other reasons such as substance abuse.
If you recently found out that a default judgment has been entered, a San Diego Default Judgment Attorney can help
Any San Diego resident with a default judgment against them should take action immediately. A San Diego Default Judgment Attorney can help tremendously by reviewing the circumstances that led to the default and determining whether legal or equitable grounds exist to “set aside” (remove) the default judgment. In many instances, a successful attempt to remove the judgment also acts as a complete defense to the underlying lawsuit as well.
If you recently received notice of a default judgment, it is not too late. Feel free to contact the Jake A. Walton Law Firm. We are focused on helping people who are dealing with defaults, and would be happy to speak with you.