Need info about Summary Judgments

[dgifta]

Just got word that a lawyer is going to get a S.J. against me for a credit card debt.
I agreed to a payment plan, and I made several payments on time as agreed.
They sent me Stipulated Judgment to fill out. I declined to fill it out.
They sent me a summons and Complaint, which I answered and sent back to them.
They called me today and said they were going to get a S.J.
Can anyone tell me about how to respond to a S.J.?
How much time will I have to deal with it?
Any info at all would be helpful.
Thanks
Dennis

[catleg]

A summary judgment motion is a mini court case in itself.
The plaintiff alleges that the facts of the complaint do not raise any issues of law and thus he is entitled to judgment w/o going to trial.
As a defendant you'd have to file an answer to the SJ motion denying the facts and/or raising issues of law that require a trial to determine.
For the most part this is a futile process, although less so against a JDB than an OC.
It's easier to just make yourself collection proof against the judgment, assuming like most of us you're fairly broke.
If you have a job and it can be located then most likely the best way for the plaintiff to collect is by wage garnishment. They sometimes move against
bank accounts, cars, or real estate. So be prepared.

P.S. If they are filing for judgment definitely stop making any voluntary payments to them. Make them work for it.

[dgifta]

Hi, thanks.
I am broke. I'm trying to save for BK, and can't even pay for that.
I'm trying to protect what little I have so I can pay for the BK, and 1 months mortgage I'm in arrears.
I've begun withdrawing money from the bank.
Any way to know how long it could take from their threat (today) to the Summary Judgment?
I'm Googling S.J. but not getting much good information.
I'm in WA. State

[ValleYum]

Hi, thanks.
I am broke. I'm trying to save for BK, and can't even pay for that.
I'm trying to protect what little I have so I can pay for the BK, and 1 months mortgage I'm in arrears.
I've begun withdrawing money from the bank.
Any way to know how long it could take from their threat (today) to the Summary Judgment?
I'm Googling S.J. but not getting much good information.
I'm in WA. State

My adobe reader is fouled up *but* type in summary judgement in the search box and check it out: http://www.courts.wa.gov/court_rules/index.cfm

Hope you find something... Good luck!!

[dgifta]

Here is the WA. State Courts S.J. Citation.I can't figure out what " shall be filed and served not
later than 28 calendar days before the hearing" means?
Does this mean that it would take at least 28 days or more from the time they file the S.J. until it would be heard?
Or does it mean it could not be more than 28 days before the hearing?
Or is it saying it has to take more than 14 days, but less than 28 days.
I'm sorry, my head is exploding.
WHO WRITES THESE THINGS? DO YOU KNOW ANYONE WHO TALKS THIS WAY???



(c) Motion and Proceedings. The motion and any supporting affidavits,
memoranda of law, or other documentation shall be filed and served not
later than 28 calendar days before the hearing. The adverse party may file
and serve opposing affidavits, memoranda of law or other documentation not
later than 11 calendar days before the hearing. The moving party may file
and serve any rebuttal documents not later than 5 calendar days prior to
the hearing. If the date for filing either the response or rebuttal falls
on a Saturday, Sunday, or legal holiday, then it shall be filed and served
not later than the next day nearer the hearing which is neither a Saturday,
Sunday, or legal holiday. Summary judgment motions shall be heard more than
14 calendar days before the date set for trial unless leave of court is
granted to allow otherwise. Confirmation of the hearing may be required by
local rules. The judgment sought shall be rendered forthwith if the
pleadings, depositions, answers to interrogatories, and admissions on file,
together with the affidavits, if any, show that there is no genuine issue
as to any material fact and that the moving party is entitled to a judgment
as a matter of law. A summary judgment, interlocutory in character, may be
rendered on the issue of liability alone although there is a genuine issue
as to the amount of damages.

[frogger]

I've begun withdrawing money from the bank.

What are you waiting for to get the rest of it out? If you are concerned about judgments, go and get your money out of the bank. TODAY!

Just keep records/receipts of where/how it was spent.

[ValleYum]

What are you waiting for to get the rest of it out? If you are concerned about judgments, go and get your money out of the bank. TODAY!

Just keep records/receipts of where/how it was spent.

Golly, Frogger, you are HAWT when you are bossy. LOL