Motion for summary judgement-do I still go to court?

[merime]

I had a January 31, 2011 court date with Citicards. Just before Christmas the courts moved it to th 24th. Today I received a letter from the attorney representing Citi that ha MOTION across top. It then says that the N.C Rules Civil of Procedure moves that a Summary Hudgement be entered. Do I have to still go to court? What can I expect now. Thanks for any answers as I sort through this mess.

[catleg]

Unless you file an answer opposing the summary judgment motion, the plaintiffs (bank) will win automatically and the case is over and moves to the collection phase. Probably 95% of the time people simply don't answer the complaint, and they win automatically; this is how they win the other 5% of the time. (Not counting the 0.1% who hire a lawyer to represent them or spend untold hours educating themselves in "law" and the "justice system").

[merime]

I figured that. I just wonder what happens next? Do they cancel the court date? Do I have to supply anything? What I assume is that when I answered the complaint back in June, citi cards attorney knew I had no defense. I think iam right in saying they do this often in the last few weeks before trial date. Either way the result is a judgement. So just want to always be prepared for the next ax that falls. Thank you!

[treehugger1]

If you respond to the motion, there will quite possibly be a hearing scheduled for the judge to listen to both sides. At sucha point you should be prepared to offer evidence as to why the plaintiff should be granted a summary judgment. As unfair as it may seem, in some states the burden of proof against a summary judgment is left to the defendant.

[ryan]

If you respond to the motion, there will quite possibly be a hearing scheduled for the judge to listen to both sides. At sucha point you should be prepared to offer evidence as to why the plaintiff should NOT be granted a summary judgment. As unfair as it may seem, in some states the burden of proof against a summary judgment is left to the defendant.

I added the word 'NOT' to Treehugger's answer above...which is what he meant.

Basically, if you have no meaningful legal defense, then the hearing being scheduled will buy you a little time - thats all.

[merime]

I guess i will keep checking courts calender to see if the bench court trial is still set. I do not see any reason ( and that agrees with what an attorney I spoke to said too), to fight against the motion for judgement. Iam very curious to see how this all plays out. For one thing-I would be a nervous wreck without the support of this forums stories and insight!