Default Judgment Given Without Defendant's Being Served
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???
Re: Default Judgment Given Without Defendant's Being Served
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.
Re: Default Judgment Given Without Defendant's Being Served
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???
Re: Default Judgment Given Without Defendant's Being Served
Your wife's signature is not required..the process server's affidavit is good enough until its disputed. So she has been served until shown otherwise.
And if you filed a response before the default judgment then the default judgment would not have been issued unless your response did not conflict with the complaint.
You can file to vacate the default judgment or to dismiss it for lack of jurisdiction.
You can file a motion for extension of time to file a motion to vacate the default judgment but the delay will only make it harder to vacate.
File the motion to dismiss or vacate before she goes to mexico .. then if any hearing date is set to ask for an extension of time for a hearing.
And closing the acct will likely not hide the $$. Your not telling us something ... the place was repossessed so some court process already occurred.