Moton for Default Judgement Filed- What to do now

[Kiddos26]

What is the name of your state (only U.S. law)? Indiana

I was served with a summons in November and was given 20 days to respond regarding a suit brought against me in an attempt to collect a debt. I answered the summons by asking the court to allow the plaintiff time to validate the debt and I sent a letter to the plaintiff's attorney seeking validation of the debt as well. I sent the court a copy of the same letter that I sent to the plaintiff's attorney as well.

I have signed receipts of receipt for both correspondences from the U.S. Postal Service so there is no doubt that both letters found their way to the proper parties and well within the given 20 days.

A motion for default judgement was filed by the plaintiff's attorney yesterday in which he states that the time during which I may answer or otherwise respond to the original complaint has expired and that have in fact not answered, plead, or otherwise responded to the plaintiff's complaint. He also states in this same motion that no pleading has been delivered to the plaintiff or it's counsel by me nor any appearance entered on my behalf. These claims are simply not true and I have the receipts to prove this.

1. Are these tactics being used in an attempt to just simply lie in hopes that I don't have said certified mail receipts and gain a default judgement as a result thereof?

2. What would be the best course of action moving forward? I plan to write to the court pleading my case at this point along with including copies of the receipts I have that are signed by a representative from the plaintiff's law firm indicating receipt of my request of debt validation.

3. Would it be proper to claim that the most recent filing by the plaintiff's attorney for a default judgement is erroneous and an obvious attempt of deceit and thereby a dismissal with prejudice is in order?

4. Any general thoughts?

Thank you very much for your time and any help you may have to offer.

[debtcollector`]

It means you lost the suit because you didn't answer it properly.

Validation is meaningless once a suit has been filed. You need an attorney yesterday -- if you have any valid defenses.

DC

[Kiddos26]

Originally Posted by debtcollector`

It means you lost the suit because you didn't answer it properly.

Validation is meaningless once a suit has been filed. You need an attorney yesterday -- if you have any valid defenses.

DC

Even if the first communication I received of any kind whatsoever from the debt collector was the initial complaint and summons? I know it's weird, but it's true.

[Chien]

Trust DC. He’s completely correct about everything.

There is no obligation to send you a demand before filing and, once litigation was initiated, validation was not an issue. Whatever you wanted, you get by way of discovery.

Sending a letter to the attorney, the court or the creditor, for that matter, does not constitute a proper pleading or a first appearance. The attorney had a right to request a default judgment. You need some professional support or directions ASAP.