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Lawsuit Court Date this Wednesday, Still haven't filed....

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    Lawsuit Court Date this Wednesday, Still haven't filed....

    I'm pissed and worrying and paranoid all at the same time....i'm trying to keep my business head on but its getting harder not to get emotional....

    i had an appointment with my lawyer on February 9th, at which time I paid the remainder of my balance and handed in most of my paperwork....i still had a few items i needed to obtain and fax to them. and i still had to do the credit counsiling. i did the credit counsiling on February 15th. i faxed the remainder of my paperwork and bills to my attorney the next day. i put on the cover letter that it was extremely important that i be notified when to come in and sign everything because my court date for my lawsuit was approaching (March 2nd) and my case needed to be filed before then. a week later, February 23rd, I call to find out the status. the receptionist told me the person handling my case (paralegal) was in an appointment and that my case would be filed within a week. I told him to tell them know my lawsuit was in a week and it was really important that my case be filed before then. he said he would relay the message.

    Friday, February 25th, I received another letter in the mail, saying a judgement has been entered against me (in the same lawsuit) and was filed January 27th. I call my attorney to get clarification and was never returned the call. I call this morning and talk to the paralegal handling my case and she says the judgement will all be handled with the bankruptcy. I tell her when will my case be filed? she says let's have you come in for the paperwork tomorrow at 1pm. I say okay but this is cutting it close because my court date for my lawsuit is this Wednesday, March 2nd. I ask what happens if my case doesnt get filed in time. She says she has to consult the attorney and we'll get it all situated tomorrow.

    at this point, i'm so frustrated with my attorney's office....i mean, do i have the right to be?? isn't it their job to get everything done in a timely matter? especially when they KNOW i have a pending lawsuit and they had the courtdate in my file??? i mean, i take some of the blame because i really should NOT have waited until the last minute but still....

    i feel deceived because i had such a good vibe from them from the get-go and was confident in them being able to handle my case....and now they have me on edge....

    anyways....i'm sorry for venting....what do some of yous think?? could yous give me some advice on the following...

    -what happens if my case isn't filed before my courtdate?
    -do i need to still show up in court on Wednesday?
    -will it be possible for them to file before the courtdate?? if i'm just going in tomorrow to sign everything?? i mean, this will be my first time going over all the schedules and such....what if they have some items wrong that delay things?? i sure don't want to go in there signing anything just to get it filed before the lawsuit....
    -what does the judgement mean?? will it still be on public record after the bankruptcy??

    any other advice/suggestions???

    #2
    Originally posted by ab33arch View Post
    -what happens if my case isn't filed before my courtdate?
    -do i need to still show up in court on Wednesday?
    -will it be possible for them to file before the courtdate?? if i'm just going in tomorrow to sign everything?? i mean, this will be my first time going over all the schedules and such....what if they have some items wrong that delay things?? i sure don't want to go in there signing anything just to get it filed before the lawsuit....
    -what does the judgement mean?? will it still be on public record after the bankruptcy??

    any other advice/suggestions???
    Your post has me confused. You say you received a judgment, but then you have a court date for tomorrow. Was the copy you received signed by a judge or was it a motion for a summary judgment with a hearing tomorrow?

    At this point I would be less concerned about a judgment and more concerned about the schedules being accurate. The judgment may get issued, but the creditor won't be able to collect on it. It *may* be worth going to court and asking for a continuance due to a pending bk.

    Comment


      #3
      Originally posted by SunshineGal View Post
      Your post has me confused. You say you received a judgment, but then you have a court date for tomorrow. Was the copy you received signed by a judge or was it a motion for a summary judgment with a hearing tomorrow?

      At this point I would be less concerned about a judgment and more concerned about the schedules being accurate. The judgment may get issued, but the creditor won't be able to collect on it. It *may* be worth going to court and asking for a continuance due to a pending bk.
      i guess i'm confused then too....the court date was scheduled awhile ago....i got that in the mail in December that it was scheduled for March 2nd.....the letter I received Friday says the following:

      This matter having been opened to the Court upon Notice of Motion for Summary Judgement by counsel for Plantiff, and the Court having considered the pleadings and certification filed by Plantiff and any responsive papers filed by Defendent(s) and for good cause,
      It is on the date written below,
      Ordered that the plantiff's motion for summary judgement is granted; and it is further
      Ordered that Judgement be entered in favor of plantiff <my credit card company> and against defendant <Me> in the amount of $xxxx plus cost of suit.

      It is dated January 27, 2011 and signed and has J.S.C. next to the name so I assume the person who signed it is a judge??

      Comment


        #4
        Did the complaint say anything about filing a written answer or response? It sounds like they motioned for a summary judgment and the judge granted it. This tends to happen when you either don't file an answer, or, if your answer doesn't claim a defense. I'm not an attorney, but if it were me I would call the clerk at the courthouse to find out if you should still appear. Also, be sure to give copies of all the paperwork to your attorney. A judgment can be a bit of a pain, but it's not the end of the world.

        Comment


          #5
          Hi ab33arch,

          so frustrated with my attorney's office....i mean, do i have the right to be?? isn't it their job to get everything done in a timely matter? ...welcome to the top ten attorney/client friction points! See this alot around here, folks ready to strangle their attorney, some rightfully so, sometimes just a case of different style. If you're frustrated, dang right you have the right to be frustated, you can even be frustrated about being frustrated. But I liked what you said, "keeping your business head on" ...sometimes easier said than done.

          The judgment issue seems to not make sense, if the court date is March how can they get an award in Janurary? My guess is same as SunshineGal, there was a response required x days after you got the paperwork in Dec. And, as SunshineGal says, it is not the end of the world. Work on getting the BK accurate and filed, the creditor should be on the list of creditors and when they get the BK notice, game over, they can't collect, wasted all those legal fees, so sorry. After the BK, you or your attorney files to have the judgment vacated.

          Hang in there!

          Tom in Colo
          Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

          Comment

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