Judgement before court date?

[merime]

I called the phone number listed on my scheduling notice from the court house. I wanted to find out what time to show up and if there was anything I should bring with me. I'am being sued by Citicards on Jan 31,2011. The person who took my call said that the law firm handling Citi's case will most likely send me a notice of summary judgement before the court date. She said to watch for mail from the law firm, and that I would need to go on the date specified by them. I really don't understand. I intend to be at the courthouse on the court date, but am worried now of a surprise attack. I finally have an appt with a lawyer on the 27th. He said he would walk me through what to expect in court. I am starting to think I was a little to late. Has this ever happened to anyone?

[ryan]

Someone is in error who gave you that information by phone.

If this is to be your first court date, you will not be getting a notice of summary judgment prior to the court date. The person on the phone may have been referring to getting a summons and complaint by mail, or some other letter from the plaintiffs lawyer advising of a court date, amount being sued for etc.

Summary judgment would come only after a hearing, or perhaps multiple hearings and you not being able to present an acceptable defense to the judge. If you lose this suit, by what I assume is an OC, you will still have some time before the judgment is confirmed by the court as well.

I would call your lawyers office to verify this if you are still concerned.

[treehugger1]

North Carolina: It appears that after 30 days from initial action, a motion for summary judgment can be made.

http://law.justia.com/northcarolina/codes/2005/chapter_1a/gs_1a-1,_rule_56.html

Note part c in the NC Rule 56. It does appear that a motion can be made prior to the hearing. I dont think this is all that unusual in some states. The suing party can probably show up with a motion to be heard and the legal process moves quicker.

I have been sued twice by chiti. In both cases the plaintiff's attorneys had their infromation well-prepared. From what I've seen, chiti is generally well-prepared when it comes to suits for unsecured debt. My only question about them is whether of not the affidavits they present are valid.

[ryan]

Y'know I don't know why I misread that.

I didn't think "Motion", I thought as if they were notifying of a summary judgment already granted. (which didn't make sense without a hearing) Sorry, dumb me. Actually, Treehugger1 you are certainly right, in fact even in FC cases the plaintiff firms will send a Motion for SJ, even before the first hearing (at least in IL) ...I should know, 'cause i got one! :-(

[merime]

Thanks! Then what happens? I want to be as prepared as possible for every possible turn or twist. I assume from reading that they go through your assets.

[GoingDown]

Thanks! Then what happens? I want to be as prepared as possible for every possible turn or twist. I assume from reading that they go through your assets.

Where did you hear that?

No. They don't immediately go through your assets.

The next step would be to contact you saying that they now had a judgment against you and that you need to pay them now, etc. They sent me a series of scary letters. They called me on the phone and told me they were going to come and take my boat. I have never owned a boat.

They called me several times fishing for information about my employer (none) and living arrangements (I'm a renter) and whether or not I had a checking account (nope).

Lots of times these judgments just sit there for years with no activity because they aren't worth pursuing.

Other times, when people have assets and wages, they come after them and start garnishing their wages and seizing their checking accounts, and sometimes puting a lien on their homes.

In any event, long before they do any of those things, you can file bankruptcy, and make their judgment as worthless as the piece of paper it is printed on.

[SunshineGal]

In order to win a motion for summary judgment they have to prove you owe the money and have no defense. Research your state civil laws, they are either suing for Breach of Contract or Statement of Claim.

[merime]

Thanks a lot. I will look that up! It is scary not knowing about all these little "speed bumps", but it feels good to know people have survived judgements and such. I live in constant fear that a sheirff will pull up the driveway. I can't wait to get this behind me!