Default Judgment Revisited

As previously mentioned, Dom received a "Notice of Claim" from a collection agency back in mid-April.   We mulled over our options and honestly hoped that it would blow over like some of the other judgments that were received.   Worse case scenario they would have to garnish his wages which currently is non-existent.   There was a court date given that we decided not to attend.

The court date came and went.   Later that week Dom received a letter stating that a $5000 default judgment was filed against him.   I debated whether we should contest it or not.    We were only aware of $2400 that he owed that was stated to have been filed in collections.   

In the end I decided to file a Motion To Set Aside The Default Judgment on Dom's behalf.   As expected we received in the mail a week or so afterwards a new court date to appear.   It's on June 26th at 8:45 AM.   I'm turning to ChatGPT for advice though ultimately Dom will have to speak on the matter.

According to ChatGPT, it says that the first thing to do is to get the default judgment set aside.   They suggest saying something like the following:

"Your Honor, I respectfully ask that the default judgment be set aside.  I acted promptly after learning on the judgment, filed my motion, and served the plaintiff.   I would like the opportunity to respond and address the claim."

It sounds like at that point, the judge may schedule a future date to give Dom the opportunity to do that.    If there is a deadline, we would need to be ready for a response by then.

The answer would need to include what is known to be true, deny what we don't know, and the plaintiff would need to prove the amount they say that is owed.    In a nutshell we would need to know how they arrived at over $5000.

If after doing all that an amount is determined, at that point, a reduced settlement can be asked, a payment plan can be discussed, and a hardship review presented.   I keep wondering if I should appear as I don't want them coming after me directly for the debt though ultimately I'm going to have to pay whatever is settled upon.

I don't know what's going to happen on that day.   I am praying if there is a settlement the amount is greatly reduced.   I will admit again that I am frustrated to be in this situation.   I'm mad at Dom for his lack of financial responsibility and also the hospital for their outrageous expenses.   But for better or for worse when Dom is in trouble, so am I.   Stay tuned.