Heights Medical Center (Heights) (plaintiff) sued Peralta (defendant) for Peralta’s nonpayment of a debt due to Heights by one of Peralta’s employees for medical services and guaranteed by Peralta. Subpoena service was personal, but not timely, and Peralta did not appear or answer. Default judgment was granted to Heights. Peralta’s real property was sold at auction to pay the judgment, and Peralta began proceedings to have the judgment and sale of property set aside in state court in Texas. Heights moved for summary judgment and the court granted the motion. Peralta appealed on due process grounds to the United States Supreme Court.