Default Judgment Against Debt Collector

[jaylon]

I was succesful in another case against a debt collector, West Asset Management to be exact. I filed a motion for default and final judgment today because they failed to serve me with a written answer or file any paper as required by law with the court. So I had the clerk sign off on my motion for default and final judgment today, so we'll see how it goes from here.

[charlesa6]

Originally Posted by jaylon

I was succesful in another case against a debt collector, West Asset Management to be exact. I filed a motion for default and final judgment today because they failed to serve me with a written answer or file any paper as required by law with the court. So I had the clerk sign off on my motion for default and final judgment today, so we'll see how it goes from here.

keep us posted.

Don't allow the judge to overturn the default.

Jerry.

[jaylon]

expound please . . .

[jaylon]

The judge granted my motion for final and default judgment!! I did however get a response from the other party, they tried to remove it to federal court, but filed a day late.

Originally Posted by jaylon

they failed to serve me with a written answer or file any paper as required by law with the court. .

Hi I just wanted to find out exactly what paper they did not file as required by law with the court. Would you elaborate on that one, please. I am just trying to learn

[Judge Roy Bean]

Never assume the squaliformes batters can hit .750 let alone 1000. Many of their "wins" are because the victim defaults out of fear, frustration or the reality of their debts overwhelms their ability to deal with it effectively.

Like many "mill" legal practices, they work to streamline repetitive processes, control expenses and maximize profits.

In that environment, a challenge can drop through the cracks, or in some cases, when a point of law could toss their case with prejudice, they'll allow a default so there is no ruling on the merits.

They are gamblers. Educated, but still gamblers. They can and will make simple mistakes. You have one case to track, they could have hundreds per month in your state alone.

Hint - the more $$$ involved, the more attention they pay.

[jaylon]

Cpwillow,

an answer, they have 20 days to answer and they failed

[REDCLOUD]

I previously read you sued Transunion, what was the outcome of that?

[J.W.]

Based on what I have seen to date, I am sympathetic to the Illustrious JRB's contentions. The last thing anyone of say, opposition think wants is a ruling on the merits especially if they see that the defendent at least has the earmark of one that may know or otherwise does his best to represent that he/she somewhat understands what he/she is doing. Therefore, a loss for them here and there in the grander scope of their business that is more so a chop shop "mill" is just part of the equation that is to be considered that comes with the territory. Unfortuanately, most people that they pursue will either settle out of court at a rate of X or they will be tossed into the the legal wood chipper and the mess left over would likely be a default or summary judgment.

Tis a bummer, but the truth it is none the less.