post-judgment consequences

[space monk]

Collectors/lawyers (Marvin Dang) have won a judgment by default. I served them for retrial (this coming MON) to set aside default, because I wasn't properly served and traveling on the court date. Lawyer responds with: "Service was effectuated through defendant's roommate on June 22, 2009. Defendant does not allege that he was unaware of the court date as a result of the substitute service. In addition, defendant does not allege a meritorious defense."

Any thoughts of the best course of action in the court room? I was thinking of requesting continuance.

Also, what consequence awaits me if default sticks and judgment is filed?

[trueq]

Judges will set aside default judgments from reasonable lack of notice.

You need to submit an affidavit testifying to the facts surrounding lack of notice.

Once set aside, you need to answer the suit.

[nascar]

They made good service on you under Rule 4(d)(1). The judgment will probably stand.

Nothing else should happen at the hearing. You're under no obligation to agree or submit to anything relating to payment until passage of the 10-day appeals period. After that, and if you don't file and appeal, they can start post judgment recovery, usually by filing an abstract if you have assets or a writ if they want to seize assets. You'll need to address that stuff when it happens.

[trueq]

One could argue this is "lack of notice".

[ONESHOT]

I got the same thing. Was never served summons, default judgement (moved out of state same yr). 1 month before it's bout to expire, CC Attorney files motion to renew. I file motion to set aside. He files opposition to motion. I get my motion denied! Now I'm trying to figure out if I need to file a motion to vacate or appeal? Can't go to court as we now live over 1000 miles away. I'll try to post here on what to do next.
Good luck!