When a defendant doesn’t file an answer to a lawsuit or show up for a hearing, a default judgement can be entered against them by the court. This means the defendant automatically loses their case, with no opportunity to present their arguments or assert their legal rights.
Unfortunately, according to the Debt Collection Lab, it’s estimated that default judgements are given in around 70% of debt collection lawsuits.
For many of our clients, this court ruling can push already fragile finances into crisis. Additionally, this judgment is often passed without the defendant’s knowledge, leading to confusion when debtors start garnishing their wages.
When Elizabeth, 49, learned she had defaulted on a debt collection lawsuit, the shock made it impossible to deal with. Like many others, she missed the notice and failed to respond. She was in the midst of receiving a breast cancer diagnosis, going to different appointments and doctors, all while helping her son with a chronic mental health condition.
When she realized what happened, she called ICLS to see if there was anything that could be done.
Filing A Motion
Once a judgment has been placed against an individual, it will continue to accrue interest until it is satisfied, damaging an individual’s credit, hitting property owners with liens, and driving them towards financial instability. However, there are options for those seeking relief from a default judgment placed against them.
One such option is filing a Motion to Set Aside (MTSA). When filing an MTSA, an individual is essentially asking the court to cancel the judgement and allow them to participate in the lawsuit and make their case. Fee waivers for filing an MTSA may also be available to qualifying individuals.
Meeting one of our consumer advocates at the San Bernardino Justice Center, Elizabeth was able to confirm her eligibility and provide more information about her situation to our Consumer team advocates. Our team reviewed her case and assisted with filing a Motion to Set Aside (MTSA) and fee waiver.
“From the very beginning when I first met [the advocate] at the courthouse, they have demonstrated a level of professionalism, compassion, and dedication that goes far beyond what is typically expected,” Elizabeth said. “ICLS is simply amazing and I am beyond grateful for their help.”
Now, Elizabeth can fight the debt collection lawsuit in court and assert her legal rights. Default judgements are a huge problem for civil legal consumer matters, and ICLS is proud to be on the front lines, protecting consumers and helping them participate fairly in the legal process.