How can a creditor get a judgment by default for failure to plead if I have been making payments?

I received a letter months ago that I was being sued by a creditor. I contacted them directly and have been making monthy payment. I just received a letter that states entry of judgment by default for failure to plead. How can I take care of this? Do they even have a right to do this if I have been making payment?

Asked on August 19, 2011 Pennsylvania


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From what you have written, it appears that a default was taken against you by the creditor in a court proceeding. A default occurs when one is served with a summons and complaint and the person served fails to "answer" with a filed pleading served on the other side and filed with the court.

The creditor has a right to take your default if you did not answer the complaint and summons served upon you in a timely fashion. I question why no notice was given to you by the attorney for the creditor of the need for you to answer the summons and complaint. Usually courtesy dictates a warning before a default is taken.

You need to file a motion to set aside the default as soon as possible. If not, you might be barred from proceeding in defending the action. You should consult with an attorney about you situation as soon as possible.

Good luck.

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