Debt collection and judgements?

If your mother failed to file an answer to the complaint, then Pressler and Pressler obtained a default judgment. There are two common arguments to attack a default judgment and ask the court to vacate default judgment. One requires showing that your mother was not properly served with the summons and complaint. The other requires showing that she has a defense and that there is some acceptable excuse as to why she failed to timely file an answer. There are other arguments but those are the most common. If it was a default judgment and it was entered in the Special Civil Part of the Court, she can go to the Clerk's Office in the county where the case was brought and most of the Clerk's will print her a copy of the case records without charge. In that Court, the summons and complaint were sent to her in duplicate - one by certified mail and one by regular mail. If the certified mail was signed for or was return for a reason which does not reflect that the address was no good (such as unclaimed or refused), then the court assumes service of process was valid and she has the burden of proving that there was a problem with service. The Clerk's records will show how she was served. If she did file an answer and there was no trial, Pressler and Pressler's obtained judgment either because it won a motion for summary judgment or it served your mother with discovery requests which she failed to answer. There may be a way to vacate these judgments. As for an appeal, it must be filed within 45 days after the judgment was filed. Vacating a judgment - whether it is a default judgment, summary judgment or a judgment after trial - are difficult. In addition, You an expect that Pressler and Pressler will use every procedural technique available. Therefore, she is taking a big risk not having competent legal advice. I recommend using a member of the National Association of Consumer Advocates ( www.naca.net ) to find a competent attorney.

The answer depends on what happened in the case. When one received court papers, that is the time to file an answer and other papers protecting one's rights. One also has a right to question the facts alleged and to appear at a hearing. After all of that goes by, it is difficult. You might consult with an attorney ASAP to determine if there is any right to rehearing. However these time periods are very limited and 'rehearing' assumes that there was an original hearing at which something is alleged to have gone wrong. This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.