Can a default judgement be granted if we have been paying on the debt for over a year?

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Can a default judgement be granted if we have been paying on the debt for over a year?

We have been paying on arrears for condo association for approximately 1 year. Checks were cashed. We were served and spoke with an attorney’s office.I was told to make payment plan which I did – in writing. I continued to make payments and responded within 15 days, thinking that everything was OK. However we received notice in the mail (regular mail) that a default judgement has been requested.

Asked on May 1, 2011 under Bankruptcy Law, Georgia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The default judgment could be granted because you did not file an answer to the complaint.  The complaint is the lawsuit that was attached to the summons.  Although you wrote a payment plan, that in itself would not constitute an answer to the complaint.  If the default judgment is granted, you can file a motion to set aside the default.

It may be too late, but you can try contacting the opposing party and ask for an extension of time to file an answer to the complaint.  If the opposing party agrees to the extension of time for filing the answer to the complaint, then the default should not be filed.

Your attorney can write and file an answer to the complaint.  If you don't have an attorney, at the law library look in the index of Pleading and Practice under answer to complaint.  This will give you the general format for an answer and examples of sample answers.  The answer denies the allegations in the complaint.  At the end of the answer is the verification which you would sign under penalty of perjury attesting to the veracity of the statements in your answer to the complaint.   File the answer to the complaint with verification and an attached proof of service  with the court and mail a copy to the opposing party.  The proof of service confirms the date of mailing.  You can either use a court form proof of service or you can write your own.  If you write your own proof of service, it just says that you are over 18 and the attached documents were sent via first class mail unless otherwise specified to _______ (name and address of opposing party) on _______ (date).  You sign at the bottom under penalty of perjury and date the proof of service.  The date you sign the proof of service should be the same as the date of mailing and the date you file it with the court.

 


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