Before I start, some background. I travel as a consultant for my job, meaning that during the week I am frequently in another state, generally an airplane ride away from home.
In May, I was served with a Summons as a creditor is suing for a Summary Judgement. I formally responded to the summons requesting debt validation, who owned the loan, etc. Additionally, in the response I mentioned that the creditor had been calling my workplace in violation of the FDCPA after I had informed them that I could not receive calls on that number. After filing, everything seemed to go away.
Then, on July 25th I received (in the mail no less) a notice that a separate Motion for Summary Judgement had been filed and was up for hearing on August 10th. So only about 2 weeks notice, this despite the fact that most of my previous response to the summons has gone unanswered.
"Fine" I figure, and I use some airline miles to get a ticket home on August 9 so I can be in court on the 10th. There is no way I am going to just not show up when someone is suing me.
Here is where I make my mistake, I called the opposing counsel and ask if they plan on answering the questions I posed in my response to the summons. A para-legal in the office calls, attempts to answer a few questions, and then says that the attorney will have to call me back. Two days go by, no response.
When I get home this weekend, I find a new piece of mail indicating they are withdrawing their Motion. They were obviously not prepared and did not think I was going to be there. I shouldn't have tipped my hand either.
Unfortunately, they have now cost me a day of work (or a $150 change fee for the airline ticket plus the miles I used for the ticket). Since I am going home anyway, what do you think my chances are of showing up at the hearing and asking for the motion to procede in my favor? Especially in light of the fact that I am making myself available despite the circumstances.
In May, I was served with a Summons as a creditor is suing for a Summary Judgement. I formally responded to the summons requesting debt validation, who owned the loan, etc. Additionally, in the response I mentioned that the creditor had been calling my workplace in violation of the FDCPA after I had informed them that I could not receive calls on that number. After filing, everything seemed to go away.
Then, on July 25th I received (in the mail no less) a notice that a separate Motion for Summary Judgement had been filed and was up for hearing on August 10th. So only about 2 weeks notice, this despite the fact that most of my previous response to the summons has gone unanswered.
"Fine" I figure, and I use some airline miles to get a ticket home on August 9 so I can be in court on the 10th. There is no way I am going to just not show up when someone is suing me.
Here is where I make my mistake, I called the opposing counsel and ask if they plan on answering the questions I posed in my response to the summons. A para-legal in the office calls, attempts to answer a few questions, and then says that the attorney will have to call me back. Two days go by, no response.
When I get home this weekend, I find a new piece of mail indicating they are withdrawing their Motion. They were obviously not prepared and did not think I was going to be there. I shouldn't have tipped my hand either.
Unfortunately, they have now cost me a day of work (or a $150 change fee for the airline ticket plus the miles I used for the ticket). Since I am going home anyway, what do you think my chances are of showing up at the hearing and asking for the motion to procede in my favor? Especially in light of the fact that I am making myself available despite the circumstances.
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