I Already Have a Default Judgment: What Should I Bring to an Attorney?
Finding out that a default judgment has been entered can be alarming. Seek a prompt review of the actual court record. Whether relief is available depends on the court, dates, service, reasons for the default, and the underlying claim.
Obtain the judgment and the papers that came before it
Bring the complaint, summons or hearing notice, judgment, and available docket entries. Include proof or claims of service, envelopes, and every notice you received. If you learned about the judgment from a bank restraint or other collection notice, bring that document too.
If you do not have the full record, identify the court, parties, and case number. Tell the attorney what is missing. Do not delay contacting counsel simply because you are still gathering papers.
Prepare a precise timeline
Write down where you lived when the case began, when you received each document, when you first learned of the judgment, and why no response or appearance occurred. Separate facts you personally know from assumptions about what someone else did.
Bring documents that may support a defense to the claim, such as payment records, account statements, settlement terms, identity-theft records, or bankruptcy papers. Include communications with the plaintiff or its attorney.
Ask about relief and collection separately
A request to challenge a judgment and a request to address ongoing enforcement can involve separate requirements. Ask what action, if any, is available for each. Do not assume that sending a letter, contacting opposing counsel, or preparing a motion stops collection.
There is no single deadline that should be applied to every Pennsylvania and New Jersey judgment. The court and procedural route matter, including whether the matter is in a Pennsylvania magisterial district court, Philadelphia Municipal Court, a court of common pleas, or New Jersey Superior Court.
Use the consultation to choose the next step
The CFPB explains that failing to respond to a collection lawsuit can result in a default judgment. After judgment, counsel needs to evaluate the available procedure and evidence rather than simply preparing the answer that might have been filed earlier. Bring any urgent enforcement date to the start of the discussion.
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Discuss your Pennsylvania or New Jersey matter
Ames Law Group LLC serves clients in Delaware, Chester, Montgomery, Philadelphia, and Bucks counties in Pennsylvania and throughout New Jersey. The office of solo attorney Patricia A. Ames, Esq., is at 24 Veterans Square, Media, Pennsylvania 19063.
General information only; this article is not legal advice and does not create an attorney-client relationship. Every case is different; results cannot be guaranteed.
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