Chase Motion For Summary Judgement

[hamburgler]

I am looking to stall filing BK until Fall as wife will be delivering a baby in August and stopping work a few months prior. Only snag is a lawsuit from Chase. I filed an answer to a summons received in early January but just got notice that Chase is moving for a summary judgement. I am considering working out a settlement to avoid the imminenet judgement which would force me to live on cash. What type of plan may I be able to work out? The dollar amount is $9,000.

[jimbo367]

For starters file an answer to their motion, that will delay it.

If there's no answer from you it can be quick

When you lose, appeal it.

That will be later this year

[jwmc1]

Just keep answering, and when you lose appeal it...

[ryan]

...What type of plan may I be able to work out? The dollar amount is $9,000.

well, I will probably be sued by Chase also, probably sooner rather than later.

Anyway, they offered me a settlement of 40% already, for a similar sized debt.
split into 3 payments if I remember right.

...so, you might try offering an amount less than that, (say 30%) with payments and see what they come back with.

[DebtHater]

Should you come up with an agreeable amount to settle, make sure you get it in writing from Chase and DO NOT give them electronic access to your accounts (no card or check over the phone).

[catleg]

Answer the SJ motion, deny as many of their facts as reasonably possible, you want to make the case that there exists a material fact that is in dispute that requires the court to act as a "trier of facts". The point of an SJ is to say that there are no facts in dispute so as a matter of law the party is entitled to win.
You may want to state that there are facts pending further discovery.

[hamburgler]

Thank you for the responses. Do you know how long I have to file the opposition?

[jimbo367]

Usually 30 days from the time you received it.

But check with the Court, sometimes the SJ must be served personally not by mail.

Check that on Monday