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Our opinion is that scammers love default judgments for reasons such as: No discovery is allowed, they are harder to enforce across state lines, they are easier to vacate, and default judgments save the debtor both money and time. Debtors know that 90% of judgments are never enforced. Debtors often take advantage of the "legal loopholes" of a default judgment.
With a default judgment - the Proof Of Service is vitally important.
The best Proof Of Service is when a Sheriff or a Registered Process Server personally serves the debtor - or serves the correct person at a company. With valid personal service, "Motion to Vacate" attempts rarely succeed. All other kinds of service - increase the chances of the debtor in successfully persuading the court to set aside the judgment with a "Motion to Vacate".
With a default judgment - the debtor did not care about the judgment - and likely will not care until a judgment enforcer grabs their money. When a judgment enforcer grabs their money - they sometimes care very much.
If the Proof Of Service was not good - the debtor might ask the court - and has a small chance - to vacate (set aside) the judgment. If the court grants the debtor's request - the judgment vanishes - and you have to sue them again to get another judgment. It may be very important to have post-judgment things personally served on the debtors in default judgment situations to help prevent them later vacating the judgment.
Also, when a debtor moves out of California - default judgments can be "harder to domesticate" in some states (E.G., Connecticut, New Jersey, and New York). In New York, a new lawsuit is required to domesticate a default judgment there. Some other countries also require an expensive new trial to domesticate a default judgment. It does not matter how good the proof of service is, in NY, you must file a new lawsuit to domesticate a default state judgment in NY.
See our Default court judgments and our When Defaults Judgments Get Vacated article.
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