Insurance Dispute Lawyer Blog
In a recent ruling highlighting the importance of responding to legal actions, the Louisiana Court of Appeal, Fourth Circuit, sided with Xavier University of Louisiana in a case involving unpaid student debt. The court reversed a lower court’s decision, granting Xavier University a preliminary default judgment against a former student, Elemuel Coleman.
Xavier University filed a lawsuit in 2015 seeking to recover over $21,000 in student loan debt from Coleman. After initial attempts to serve Coleman through the sheriff’s office failed, the court appointed a private process server. The process server successfully delivered the legal documents to Coleman’s residence, leaving them with a person of suitable age and discretion who also lived there.
Despite being served, Coleman failed to respond to the lawsuit within the required timeframe. Xavier University then filed a motion for a preliminary default judgment, a legal maneuver that can lead to a judgment in favor of the plaintiff if the defendant fails to respond to the lawsuit.
Surprisingly, the district court denied Xavier’s motion for a preliminary default. The reason given was that there was no evidence in the record proving Coleman actually lived at the address where the papers were served, or that the person who received them actually lived with him.
Xavier University appealed this decision, and the Court of Appeal sided with the university. It found that the private process server’s affidavit provided sufficient evidence that the legal documents were correctly served at Coleman’s residence. Since Coleman failed to respond to the lawsuit, the Court of Appeal reversed the lower court’s decision and granted the preliminary default judgment to Xavier University.
Key Takeaways:
This case underscores the critical importance of responding to legal actions promptly. Ignoring a lawsuit will not make it go away. In fact, as this case demonstrates, it can lead to a default judgment being entered against you, potentially resulting in significant financial consequences.
What is a Preliminary Default Judgment?
A preliminary default is the first step towards obtaining a default judgment. It essentially signifies that the defendant has failed to respond to the lawsuit within the allotted time. Once a preliminary default is entered, the plaintiff can then proceed to confirm the default judgment, often through a simple hearing where they present evidence of their claim.
Why is Proper Service of Process Crucial?
Service of process is the formal delivery of legal documents to the defendant, notifying them of the lawsuit and giving them the opportunity to respond. Proper service is essential to ensure that the defendant has received notice of the legal action and that the court has jurisdiction over them. If service is not done correctly, any subsequent judgment may be invalid.
Don’t Ignore Your Legal Obligations
The Xavier University v. Coleman case serves as a cautionary tale for anyone facing a lawsuit. If you’re served with legal papers, it is crucial to seek legal advice and respond appropriately within the specified timeframe. Ignoring a lawsuit can have serious repercussions, including the possibility of a default judgment being entered against you.
Remember, knowledge of the law is no excuse for non-compliance. If you have any questions or concerns about a legal matter, consult with an attorney to protect your rights and interests.
Written by Berniard Law Firm
Other Berniard Law Firm Blog Articles on Service of Process and Default Judgments: Can a Louisiana Court Impose a Default Judgment for Failure to Obey Pretrial Orders? and Court Throws Out Lafayette Parish Case As Plaintiff Fails To Deliver Service of Process Before Deadline