I received a notice in the mail saying I have a default judgment, It is fraudulent, how can I fight it?

Answer 1

Immediately file a motion to set it aside (that's the name of the motion). In the motion, explain why you failed to appear at the hearing when the default judgment was entered. If you had a good reason not to appear--like you didn't get notice, you were in the hospital, you were out of state, a family member died unexpectedly--that kind of stuff--you have a good chance of getting it set aside. Your focus is NOT on whether the judgment is fraudulent yet. Your focus is setting aside the default. Default judgments are "not favored in the law" ( a quote from case law in my state.)

Answer 2

Well you need to sit down and think about this.

1. If you knew about this lawsuit and chose not to respond, then you cannot now claim that it is "fraudulent." That is the whole point of the default system - it is your right to do nothing if you so choose. But you have to live with the consequences.

2. If you had no idea this lawsuit was going on, you can challenge the default judgment on that basis. That is called a motion to set aside.

If I were you, I would seriously consider consulting an attorney to see what your options are, if any.

Answer 3

What you do mean by "it is fraudulent"?

Do you mean the notice is fraudulent, because it claims to have been sent by the court but actually was not? If that's the case, then you should notify the court that someone is impersonating a judicial office.

Or do you mean that you don't agree that the court should have entered a default judgment, because you actually did appear? If you did appear for the court case, then a file a motion with the court challenging the default.

Or do you mean that you don't think you should have been sued in the first place? If that's the situation, then you got exactly what the law requires. If you are sued, and you don't show up, then you get a default judgment rendered against you.

That's the whole point of lawsuits. You don't have to agree with what the person suing you says. But you do have to show up to defend yourself, or you lose by default.