FIRST MISTAKE WHEN SUED FOR EJECTMENT IN ALABAMA AFTER A FORECLOSURE
THE FIRST MISTAKE SO OFTEN MADE BY ALABAMA CONSUMERS WHEN SUED FOREJECTMENT AFTER FORECLOSURE
This article will expand upon the first common mistake and it is taken from our book that describes the
FIVE MOSTCOMMON MISTAKES ALABAMA CONSUMERS MAKE WHEN SUED FOR EJECTMENT.
You can get a free copy by calling us at 205-879-2447 orletting us know through our online form.The first and most critical mistake is true of any type of lawsuit that is filed. We see this all the time in collection lawsuits wherethedebt collectors or debt buyers will file suit against somebody.From 70% up to 90% of people simply do not respond. They do not answer the lawsuit. They don't think about it, or they think there's nothing they can do. Whatever the case, they do nothing and the court enters what's called a "
." Adefault judgment means we lose automatically.The same is true of these ejectment actions. Most people simply don't answer the lawsuit (complaint).When I say "
," I mean to file a response in court where you deny or challenge the allegations of the plaintiff. The plaintiff is the mortgage company. They'll say, "You fell behind. We properly foreclosed and properly bought the house, and now wewant to kick you out." If those things are not true, you want to deny or challenge the allegations.Normally in an ejectment lawsuit, you have 30 days to answer from the time you're served. "
" means you receivedcertified mail or somebody handed it to you or to an adult living in your house. When you get that piece of paper, that lawsuit orcomplaint, the clock starts running. If there's any doubt about when that clock started to run, call the court.There's a clerk's office in every county in Alabama. You can call the court and say, "This is my name. Does the court show mebeing served? When does it show me being served?" Then you'll know what the time limit is.When you go beyond 30 days, these companies will file a motion for default judgment. They say to the court, "We sued thisperson and they didn't respond. What we're saying about them must be true." That's why it's so critical to answer.If they file that motion for default judgment and the court enters the judgment against you, it means the court has determined thatthis was a proper foreclosure and you are supposed to be ejected, evicted or kicked out of your home. The next thing that happensis the sheriff comes and helps you get out of the home.What we have often is an improper foreclosure. The people never should have been ejected or evicted from their home, but theydid not answer the ejectment lawsuit. Then they want to go back later and explain to the court why it was a wrongful foreclosureand why the ejectment should not have been granted, but in court there are certain time limits.If we don't respond, there are bad consequences. One of those consequences is that the court will say, "I made my ruling." It'svery difficult to get the court to undo a default judgment, particularly when we know that we were served with a lawsuit and we
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