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Summary Judgement Denied

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    #16
    Originally posted by SwimminUpStream View Post
    My hopes is that the Judge says to them, here is someone making an honest, decent effort...what is your issue.

    Maybe wishful thinking on my part as well...but certainly will update!
    Wishful thinking at best. The judge is their to decide if your creditor has enough evidence to present that you actually owe the debt. Personal feelings have no merit in a judges decision if you owe the money or not.

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      #17
      Well then if that is the entire case, why then was the Motion for Summary Judgement denied?

      I did respond to the court stating I did owe the money and wanted to work out payments...

      So I did in essense admit to owing, they have the paperwork as Chase is the one suing me......

      Does make one wonder

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        #18
        It could come down to the judge not wanting to simply allow the plaintiff's attorney to come up with a dollar amount along with attorney fees, etc. Since you have stated you owe the money, perhaps the hearing will revolve around the amount owed and some agreement as to the total prior to the judge granting judgment in favor of the plaintiff. There is no way to know. Please keep us informed. You might also call the courthouse and see if a clerk can give you any information as to the reason for the hearing.

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          #19
          SO yesterday I get a call from Marcadis. Now they want to make "payment" arrangements, only $ 50- higher than what I originally told them I could make. I am now in the position wherer I can go the $ 50- higher.

          I told them, get me paperwork stating that the court proceedings will cease if I agree to make monthly payments etc etc. Then once I have that paperwork we will go from there.

          I am thinking this surely is better than " a roll of the dice" with a court hearing and judgement. Heck this payment is WAY less than a wage garnishment is.

          Odd though that they called and wanted to work out a deal.........

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            #20
            Well they did fax over a Stipulation to Stay Entry of Judgement

            Looks pretty clear cut, I do not like where it states By signing this Agreement, the Defendant agrees to waive his/her claim of exemption contained within FS 222.11 (2)(b).

            However, I gueses that is OK, since I could not claim HH anyway.

            Thoughts?

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