My mother received a summons on 10-16-08 and didn't answer it. I assume that the collection agency would have automatically received a judgment by default. If that's true would I see it on Pacer? Because I looked up the case number and there was no match and there is nothing showing up under her name for a civil search. TIA
Pacer only handles federal cases. If it wasn't a federal case Pacer wouldn't have it. If it was a state court case you would have to check with the county clerk.
That or you can call. They are public records. Anybody can get the information by calling or going to the courthouse. Either way but going in person is a bit better. A little bit more certain to get accurate information by going rather than by calling.
So what are they doing, illegally threatening to file a lawsuit without actually having done so? If so that is a violation of FDCPA if she can prove it.
I don't know. What she gave me is summons dated October 8, 2008 (served 10/16/08) stamped by the district court clerk. It has a case number on it and says an "answer must be made within 20 days or a judgment by default will be taken against you for the relief demanded in this complaint." She did not respond at all so I would assume a judgment would have been entered November 10 at the latest if that is an automatic thing.
If there is a court stamp and a court case then count on the fact that a case has been filed. You have to check with that court and give them the case number to be sure of finding it.
Yes, but you have proof in hand that such a case does exist. I'm afraid something is goofed up somewhere and so since you are not getting the information you probably need to take the evidence you have and go to the clerk of the court and show it to them and ask them where that case is. It might be the only way to get to the truth of the matter.
There's no judgment yet, but there probably will be soon. The default judgment isn't automatic, the plaintiff's attorney has to file a motion for the default judgment after the time for your response has expired. It's not likely that they will just forget about it.
