Judgments due to Improper Service of Process
Default Judgment Against Consumers Without First Being Served with Process
The Kittell Law Firm has noticed a shocking trend recently of clients having judgments entered against them without first being served with the lawsuit.
How A Lawsuit Is Supposed To Work:
When a consumer allegedly owes a debt, he or she can be sued by the person or company to whom the debt is allegedly owed. When the lawsuit is filed against the consumer, the party suing the consumer (i.e. the Plaintiff) is supposed to serve the consumer (i.e. the Defendant) with a Summons and copy of the lawsuit. The Summons tells the consumer, among other things, that the consumer must file an answer to the lawsuit within so many days (30 if in state court, 21 if in federal court). If the consumer fails to file an answer, the Plaintiff can take what is a called a default judgment against the consumer for the amount allegedly owed. The Plaintiff can then use the default judgment to collect the money owed from the consumer via many different methods, including garnishing the Plaintiff's bank accounts and garnishing the Plaintiff's wages.
The Shocking Trend:
The Kittell Law Firm has observed a shocking new trend that is allowing Defendants to obtain default judgments against Plaintiffs without the Plaintiffs first being made aware of the lawsuit.
We were retained by three different clients within a month's span that had default judgments entered against them without first being served with the Summons and the lawsuit.
One of the three clients no longer lived in Mississippi when she was allegedly served in Desoto County with Summons and lawsuit. Another was out of the state on a business trip when he was allegedly served in Panola County. The last was at work in Memphis, Tennessee at the time she was allegedly served in DeSoto County. All three had proof that they were not physically present in Mississippi when they were allegedly served here. All three knew beyond a shadow of a doubt that they had not been served the lawsuits against them.
Unbeknownst to the consumers, the Plaintiffs in each case obtained default judgments against the Defendants and then took different actions to collect on the default judgments. One consumer had nearly $15,000 in his bank accounts seized. Another had proceedings started against her to put a lien against her home in the amount of the default judgment. Another had the default judgment added to her credit reports.
In each instance, the Kittell Law Firm was able to get the wrongfully obtained default judgments set aside. In the case where the person's bank accounts were seized, his money was returned to him.
If a default judgment is entered against you without you first being served with a Summons and a copy of the lawsuit, you should contact the Kittell Law Firm to represent you and fight on your behalf to have the default judgment set aside.
Kittell Law Firm
2464 Church Street, Suite A
Hernando, MS 38632
(662) 298-3456