Default Judgment Given Without Defendant's Being Served

[lonewlf]

My question involves an auto loan or repossession in the State of: New Mexico

My wife is being sued for a quad we had and the bank repossessed it after we fell behind four months. My wife tried to negotiate a payment plan to catch up but the bank did not accept. Now she is being sued and in court papers it says she was served on a certain date that we were not even in town. What can we do to go to court and try to fight this sue???

[Mr. Knowitall]

You (or your wife) will go to court and find out when and how you she was supposedly served and, based upon that information, will figure out what to do next. There will be a document in the file reflecting how service was supposedly effected, and by whom.

[lonewlf]

I went and obtained the summons return and according to the process company it stated that my wife was served personally but it does not show her signature anywhere. I was able to obtain a copy of the complaint even though the judge already had the file. I quickly filed a response to the complaint even though it was past 30 days. I did get advise from a lawyer and he told me If I had a joint bank account to close it and open one just under my name as I was not on the loan. Also my wife has to travel to mexico to take care of her mom as she will be having surgery. What can I file in court to notify that my wife will be unavailable for a couple of months???