notice of default judgment portland template

Domina sued Edward Kountze for unpaid legal bills totaling $103,548 in the District Court of Washington County, Nebraska. This is the background in the case of Kountze v Domina Law Group decided by the Nebraska Court of Appeals. Less commonly, service of summons may be accomplished by publication of notice in a local newspaper when there is no known residence.

This allows a creditor to serve a copy of the complaint by taping it to the debtor’s door and simultaneously sending a copy via U.S. So, what does a creditor do when a debtor cannot be personally served with a copy of a lawsuit? They ask the court to allow an alternative form of service call Constructive Service. This is a problem for a creditor because no judgment can be issued, including default judgments, until the court has proof that a debtor was served with notice of the lawsuit and has had 30 days to respond to the complaint. Most commonly, the debtor has moved to another address. Many debtors are simply not home when summons are delivered because they are working. Some debtors evade service of summons by refusing to answer the door when a sheriff comes to deliver the court summons.

The problem with default judgments, however, is that in a significant portion of these lawsuits the debtor never actually receives a copy of the complaint. There are a variety of reasons for this. The concept of allowing default judgments seems fair enough. If a debtor fails to respond to the lawsuit it is pretty clear they probably owe the money.

Over 90% of collection lawsuits filed in Nebraska result in a default judgment. A Default Judgment is awarded when the defendant fails to file a written response to the lawsuit within the required time period, typically 30 days. Most collection lawsuits result in judgments obtained by default.

Notice of default judgment portland template