Yes
No. A collection agency may not legally make any false claims. However, they may have obtained a judgement by default if you failed to answer a summons.
A default judgment is nothing more than a judgment obtained because defendant did not show up for court. In Texas, when a default judgment is entered, the petitioner gets all that they have asked for.
If you don't show up to court for a collection debt case, the court could issue a default judgment against you, meaning the creditor automatically wins the case. This could lead to wage garnishment or bank account seizure to satisfy the debt. It is important to attend court or seek legal advice to understand your options.
Basically, a default judgment is something you did NOT argue about in court by filing answers to the Summons and Complaint, and the Summary Judgment is something you did argue about IN COURT.
It is nearly impossible to overturn a default judgment unless you can prove that you were not served properly.
If one party in an action does not appear at the trial/hearing the court can make a default judgment. This judgment is binding unless overturned at a later date.
A motion for a judicial default, or a default judgment, is bringing a matter to the attention of the court due to the defendant failing to answer or appear to a trial. This judgment will award the complainant what they asked for in their complaint.
Pay or fight. A default judgment is about the worst outcome.
A default judgment is entered by the court. A cell phone company can file suit for past due payments and if the defendant does not appear in court in person or by counsel then a default judgment is entered in favor of the cell phone company. The defendant then has 30 days to appeal this judgment/
Entry of Default Judgment. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by rules, upon proof of damages or entitlement to other relief, a judgment may be entered against the defaulting party. The entry of an interlocutory order of default is not a condition precedent to the entry of a default judgment.
You have to be served in most states, be careful some private processors lie and say they serve you and then you'll never know, receive a court date, don't show and get a default judgment on you.
You usually have around 20 days to file and answer with the courts and then you'll go to court. Make sure you do, or it will be a default judgment in favor of the plaintiff. Remember, when you go to court, the judgment isn't based on your ability to pay or the circumstances to cause you to default (the judge doesn't care) - only on your contractual obligation (if you signed for the debt). There's so many sources online that say if you challenge it, you won't get a judgment. That's bs. A judgment is imposed 98% of the time. All the agency or creditor needs is proof you signed for the debt. Try to settle it out of court as a judgment will hurt your finances even more and severely hurt your credit. Experience: I own a collection agency.