It is not uncommon for a person to receive notice that a default judgment has been entered against them in a lawsuit, even though the person may have not ever known of the existence of the lawsuit. Although this may happen for a number of reasons, the first thing a person in this situation should do is contact an experienced lawsuit or litigation attorney to determine whether the default judgment can be set aside. The law provides for the setting aside of a default judgment under certain circumstances. For example, if a person can show he was never served with the lawsuit or that his failure to respond to the lawsuit was the result of “excusable neglect” then the court may set aside the judgment and allow the litigation to start over.
There are other things a court will consider in determining whether to set aside a default judgment, and an experienced lawsuit or litigation attorney can help you understand what those things are and whether they apply in your case. If you have any questions about judgments call us at (480) 833-1113 and we will advise you about your best course of action.