Now that I am past due on answering my summons . . .

[NoMunNoFun]

Now that I am past due on answering my summons, I took a look at my courthouse’s website, and found the following record below. As near as I can figure, since our courthouses here in Los Angeles are so backed up, it seems that my lawsuit is scheduled for 9:00 AM December 14, 2011. So I am thinking, maybe that might give me enough time to get a lawyer and answer the summons? I was served with the summons on June 14, and had 30 days to answer it. Yet upon looking into filing the answer on my own, it looks as if it might be around $400 to do so. Since I don’t have that type of money, I can’t even qualify for a fee waiver, since a member of my family is living with me . . . and I don’t want to drag them or their finances into my troubles. because with a fee waiver, I would have to disclose my family member's annual income and itemize all of their monthly bills etc. Yet since I am getting a little work here-and-there, I might be able to come up with enough money to get a lawyer in the next 3 months. Yet I would appreciate any advice that anyone get’s from the courthouse record (below) of my upcoming trial. I changed some fo the content to keep my case anonymous).

Case Number: 1234567890
FIA CARD SERVICES, N.A. VS. DOE, JOHN

Filing Date: 06/10/2011
Case Type: COLLECTIONS CASE (Limited Jurisdiction)
Filing Court: Los Angeles Courthouse
Status: PENDING


Future Hearings

12/14/2011 at 09:00 AM in department OS8 at One Secret Street, Los Angeles, CA 90003
OSC - 3.740 COLLECTIONS-PROOF OF SERVICE

Parties

Plaintiff: FIA CARD SERVICES N.A.
Attorney: XYZ & ASSOCIATES, P.C. - JOE G. BLOW

Defendant: DOE, JOHN
Attorney: None

Histories ( Dates listed in descending order)

06/21/2011 ORDER TO SHOW CAUSE HEARING/CASE MANAGEMENT REVIEW SIGNED
AND FILED BY JACK O. JUDGE TO SHOW WHY SANCTIONS
SHOULD NOT BE IMPOSED FOR FAILURE TO FILE PROOF OF
SERVICE PURSUANT TO CRC 3.740(E). MATTER SET FOR HEARING
ON 12/14/11 AT 09:00A M., IN DEPT. OS8 . CERTIFICATE
OF MAILING FILED.

06/17/2011 PROOF OF SERVICE RE: SUMMONS & COMPLAINT... FILED.
SERVED AS TO (DOE, JOHN) . COSTS OF $ 64.50

06/10/2011 COLLECTIONS CASE COMPLAINT FILED PURSUANT TO CRC 3.740. RN
ING255433024.

06/10/2011 SUMMONS ISSUED.

06/10/2011 SUMMONS FILED.

06/10/2011 NOTICE OF CASE ASSIGNMENT ON FILE. CASE IS ASSIGNED TO
DEPT. 008 OF HONORABLE JACK O. JUDGE .

[catleg]

In a normal civil court their next move is a motion for default which you could possibly oppose, if you knew what you were doing..don't take that in a bad way...cause this looks like an OC (original creditor) lawsuit so you chances of prevailing are slim to none. Just let it go to judgment and protect your assets if you have any.

[bcohen]

How do you know this is an OC lawsuit and not a JDB? Also, I am not sure why it would be necessary to disclose any "household member's" finances when requesting a fee waiver/affidavit of indigency unless the "household member" is in fact your husband or wife. If you have a friend, roommate, or boyfriend/girlfriend living with you, then since you are not legally "attached" to this person, there is no requirement to disclose their finances and the court would have no way of finding out anyways.

[catleg]

It's an OC because the plaintiff is FIA Card Services, which is the holding company for MBNA debts, now owned by Bank of America.

[DYLAN150]

NoMunNoFun: Just wondering, when was the last payment made?