Hello! Legal Eagle here, and I am an attorney specializing in your area of law. I am more than happy to help you with your situation!

Do you know if the default judgment was entered because you didn’t respond to the lawsuit or appear in court?

I’m sorry to hear about the confusion. It can be really stressful dealing with these situations. Could you let me know which state you're in? Also, do you have any details about the debt collection agency that's suing you?

Thanks for sharing that information. Have you had any prior communication with them before receiving the default judgment? If so, what was discussed?

Thanks for sharing that information. Have you had any prior communication with them before receiving the default judgment? If so, what was discussed?

Ok! Did you need to tell me anything else? If not, I can start with answering your question. Also, I really appreciate you using AskaLawyer — it means a lot to be able to help. Let’s make this a smooth session for you, and you can add me as a favorite after we're done.

Ok! I just need a little time to draft a high-quality answer. I'll be with you as soon as possible. It won’t be terribly long, ok?

I'm so sorry about this situation! I want to address your situation with a detailed response, so if you have any questions, don’t hesitate to ask, because this law stuff can get complicated.

How I understand this is that you have a default judgment against you in Arkansas, but you can still ask the court to set it aside if you were never properly served.

Courts take service of process very seriously, and if you prove you weren’t served correctly, the judgment can be undone. Once that’s cleared, you’ll have the chance to defend yourself against the debt or negotiate a better outcome.

That’s the short answer.

Here is the long answer:

The way to resolve this without automatically paying the entire debt is to file a motion with the court to vacate (or set aside) the default judgment.

Since you’re saying you were never personally served and only your mother received the papers, that could be improper service under Arkansas law. If the judge agrees, the judgment can be thrown out, and you’d get another shot to fight the case or settle for less.

Debt collectors often negotiate once they know you’re actually pushing back, so this is your chance to avoid paying the full balance and added court costs.

Here’s what you can do legally, step by step:

• Get a copy of the judgment from the clerk’s office so you know exactly what was entered.
• File a Motion to Set Aside Default Judgment in the same court, explaining you were never personally served and first learned about the case only after receiving the judgment in the mail. Attach any proof (like your mother’s statement about being the one who was served).
• Ask the clerk for the correct form or local procedure, since Arkansas courts sometimes have self-help packets.
• Once the motion is filed, the court will schedule a hearing where you can explain the improper service.
• If the court vacates the judgment, you can then file an Answer to the lawsuit denying the debt or raising defenses (like not signing any agreement in person, and questioning whether they have the right documents).
• If you’d rather settle, you can reach out to Faber and Brand after filing the motion and see if they’ll agree to a reduced lump sum or payment plan.
• If you feel the collector acted improperly, you can also look into filing a complaint with the CFPB or Arkansas Attorney General’s Consumer Protection Division.

I'm glad to hear that this information is helpful to you! Let's go through the steps you can take to resolve this matter without having to pay the entire debt or court costs.

Since you were not personally served, you can file a motion with the court to vacate the default judgment. Explain that the service was improper because it was delivered to your mother, not you.

Collect any evidence that supports your claim of improper service, such as a statement from your mother confirming she received the papers instead of you.

Once you file the motion, the court will schedule a hearing. Be prepared to present your evidence and explain why the judgment should be set aside.

If the judgment is vacated, you can negotiate with the collection company for a reduced settlement or payment plan. They may be willing to settle for less once they know you're contesting the case.

Did you have any other details you needed addressed, or any concerns you still needed addressed?

You bet. I'm sorry to hear about your situation! Thank you for trusting AskaLawyer with your question.