July 13, 2008

Default Judgment

Filed under: Judgment

My husband had a car repossesed. The finance company sold the car and the remaining debt.This was in 05. We were living in Arizona when the car was bought. We moved to Illinois to care for my mother in law. We were there for a year and a half. We then moved back to Arizona in June of 07. We were planning on attempting to buy a house when our lease expires. I checked hubby’s credit and there was a judgment on it for the car. This was taken to court in Dec of 07 in Illinois while we were in AZ. I understand this judgment would be void because we can prove we live in Arizona during the time of the ruling. What are the best steps to take ? How would we go about it from out of state ? After we learned about it we tried contacting the new collection company. They never returned our phone calls.



Hi Sarah,

It doesn’t sound like the Illinois court would have had jurisdiction over your husband.  Call the court and request a copy of the judgment, affidavit of service and the affidavit the attorney used to justify the default judgment.  Then request the procedure for having the default judgment vacated for improper service. 

Thanks for the questions and hope this helps.


This author is not an attorney and this information should not be considered legal advice.  Please consult an attorney for legal advice.

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