A party is in default when the party fails to make a response to a petition/lawsuit in Missouri. Other than the obvious downside of a default judgment, a defaulting party is not entitled to all notices when in default, either. Under Rule 43.01(a), parties are to be served with every pleading subject to the original…
Legal Articles
Default Judgment Set Aside, Interlocutory Order of Default
A default judgment is where a plaintiff is automatically given the relief requested when a defendant fails to respond/answer in a timely manner. There are two types of default in Missouri: (1) an interlocutory order of default and a (2) default judgment. With an interlocutory order of default, there is a finding of liability, but…
Service by Publication
Due process requires that a Defendant/Respondent be given the best notice practicable under the circumstances. In many cases, this means that the Defendant/Respondent must be personally served with a lawsuit/petition/complaint. Several exceptions exist to this rule. For example, under Missouri Rule 54.13(b), personal service may be had by leaving a copy of the summons and…
Consumer Debt Defense, Credit Card Defense, Debt Collection
Very often if you have an excessive or past due bill from any sort of creditor — credit cards, utility companies, etc. — you will receive notices in the mail from some company you have never heard of demanding payment for the unpaid debts. You usually receive these notices from a separate company because debt…