Being Sued by CC Company and Just answered summons.

[technoreid1]

Being Sued by CC Company and I just answered the summons.

I have filed my "answer" with the court within the given time frame (30 days)

Is it possible for the CC company to get a default judgement (and start wage garnishment or a bank levy) even though I filed an answer to the summons within the allotted time frame?

thanks, techno

[HHM]

No, they can't get a default judgment....

But, their next step would be to file a Motion for Summary Judgment, but depending on the efficiency of the court, that motion probably would not be heard for 4-8 weeks from the date it was filed. And you would have an opportunity to respond, etc.

[technoreid1]

I am going to google "Summary Judgment" now.

So I would have a chance to respond before they could get a
"Summary Judgement".

Just wondering if they can play "dirty" and somehow start garnishment or bank levy.

Thanks! techno

No, they can't get a default judgment....

But, their next step would be to file a Motion for Summary Judgment, but depending on the efficiency of the court, that motion probably would not be heard for 4-8 weeks from the date it was filed. And you would have an opportunity to respond, etc.

[HHM]

You have to make sure you serve them with the Answer...which usually means simply mailing it to the attorney's office (probably should use certified return receipt)

Summary judgment means that the evidence the plaintiff has is so compelling, that you do not have a meaningful defense against the claims necessitating a trial. And to be honest, in the collection realm, that is usually the case...most debtor's really don't have a legitimate defense to the underlying debt.

One of our members, CPO (I think), did a good job delaying the case...reason being, the plaintiff attorney usually does a bad job of putting together the complaint, or doesn't have all the required information to make their case.

[technoreid1]

Would I know if a summary judgment was issued?

Or shall I say would I have a chance to answer the summary judgement before any wage garnishment could happen or bank levy?


you guys rock!,

techno

You have to make sure you serve them with the Answer...which usually means simply mailing it to the attorney's office (probably should use certified return receipt)

Summary judgment means that the evidence the plaintiff has is so compelling, that you do not have a meaningful defense against the claims necessitating a trial. And to be honest, in the collection realm, that is usually the case...most debtor's really don't have a legitimate defense to the underlying debt.

One of our members, CPO (I think), did a good job delaying the case...reason being, the plaintiff attorney usually does a bad job of putting together the complaint, or doesn't have all the required information to make their case.

[HHM]

Yes, if you filed an Answer...then the Plaintiff would serve you with the Motion for Summary Judgment (to the address you listed on yourn Answer).

The motion would be set for a hearing in front of the judge and each side would argue their case.

If the judge finds in favor of the plaintiff, then the plaintiff get's there judgment and only then can they try to garnish your wages etc.

[Lindsay]

How did your answer look? We're being sued and today I called the courthouse to see how I should answer. They told me just to type up my answer and mail it in. They said I didn't have to have it notarized or anything. And then I should send a copy to the attorneys for Chase. Does this sound right or do I need a special form?

I read that someone said her lawyer said to just deny everything, but wouldn't that make the courts angry? The amount is alot higher than I thought the last balance was but I think they probably added in court and lawyer fees.

The clerk told me to just say I'm filing for BK in the answer, but I'm not sure if they'll just grab a default judgement and I can't get filed before the 20 days is up. We got served before 120 days late; these creditors are moving fast now apparently. We are definitely filing BK, I just need to buy a little bit of time.

[junker]

apparantly i will be finding out if the statute of limitations defense will work, as i am being sued for a debt that has not been paid for over 5 years , it is a old cc debt, i am waiting for the server, as the court has scheduled pre trial for dec 4th,

[treehugger1]

A default judgment occurs when you do not show up for court, fail to provide an answer, or fail to request a hearing (often the case in small claims.) There are some states that allow pre-judgment garnishment, but these are often related to extreme cases where there is evidence to suggest the debtor (sometimes a company) may attempt to shift liquid assets elewhere.

[technoreid1]

I did tons of research and decided to pay a paralegal (i am under a lot of stress right now and could not figure how to respond) to type my answer - she had a computer along with a program that had all the forms (i think like 1-3 pages)....

This is kind of hard for me to explain.....
She went line by line on my summons/complaint and asked me if you believe "this is true"? The summons would say something like "CHASE is a corporation and they are based in delaware" ---then my paralegal asked me "do you know for sure CHASE is a corporation and they are based in delaware?"
I said "I have no idea".....and so on....

Basically the summons is a bunch of lines with accusations and supposed facts..... you read each line and then decide if
you agree or not.... I think we pretty much disgreed on most everything.

Then on another page we wrote in (actual sentences) explanations of things like:

Complaint fails to state facts sufficient to constitute a cause of action against defendant.
I agreed to pay CHASE but they would not accept payment.
I was harrassed on phone by " " (I took notes)
Current Amount owed is innacurate.....

and so on....

then she made 2 copies of the original...I went to court with three copies - paid them $180 to file the answer they stamped all 3 with a court stamp/seal ----1 copy went to the court -1 copy was for me - and the other copy the paralegal mailed to CHASE's that was signed by her - i think she called this proof of service (this was just done by mail with a 1 first class stamp.

thats pretty much it.....


the paralegal went on to say this is like one big game - cat and mouse. back and forth..... forth and back......

hope i helped.

just my own personal experiences....


thanks, techno

How did your answer look? We're being sued and today I called the courthouse to see how I should answer. They told me just to type up my answer and mail it in. They said I didn't have to have it notarized or anything. And then I should send a copy to the attorneys for Chase. Does this sound right or do I need a special form?

I read that someone said her lawyer said to just deny everything, but wouldn't that make the courts angry? The amount is alot higher than I thought the last balance was but I think they probably added in court and lawyer fees.

The clerk told me to just say I'm filing for BK in the answer, but I'm not sure if they'll just grab a default judgement and I can't get filed before the 20 days is up. We got served before 120 days late; these creditors are moving fast now apparently. We are definitely filing BK, I just need to buy a little bit of time.

[technoreid1]

I have decided to file a BK in the meantime, hope that lawsuit goes away!

I needed to put the CC lawsuit on hold for awhile if that makes sense while we get our BK together, although I feel I have valid reasons for filing besides putting things on hold....(i.e, amount owing is wrong, i tried paying them before the lawsuit and they said no, I felt harrassed by CHASE) I am angry at CHASE and feel I was wronged by them.

thanks, techno

Yes, if you filed an Answer...then the Plaintiff would serve you with the Motion for Summary Judgment (to the address you listed on yourn Answer).

The motion would be set for a hearing in front of the judge and each side would argue their case.

If the judge finds in favor of the plaintiff, then the plaintiff get's there judgment and only then can they try to garnish your wages etc.

[jp2861]

Boy, that would suck to get served and not have the $180 to file the answer. I wonder how many default judgements are given just on folks not having the cash to file the answer.

[Minnymouth]

If the truth was known - PROBABLY LOTS...............

Also, how many an attorney has failed to tell a client the consequences of not answering........... mine was one - he just blew it off - I lost my home....

[Westlane]

I have always filed my own answers with the court. It just takes a little research and that way they do not get thier default judgement. It looks like the paralegal is a good alternative though if you cant afford a lawyer.

[treehugger1]

Great post. I never considered a paralegal service for potential help should one need to file an answer. If one can afford it, and the service is willing to "help," this offers the debtor another valuable tool. I'm not sure how much legal "advice" a paralegal service can provide, but I don't think getting "help" with respect to correct format and forms would be out of the question.