Motion for Summary Judgment.....urgh!

[Freddy03]

Well I received a motion for summary judgment today for case #2. The one that the judge put a hold on due to the pre bk status.

What do I do??

It's not until mid Jan so I have some time. And even if they get the judgment I'll have 45 days after that to give them my financial info. By then we would be close to filing so I'm not that worried.

Should I call the attorney's office and tell them I will be filing close to that date and maybe they should waste anymore money since I'm head of household and they won't be able to garnish?

Or should I just don't worry about it and show up to court and tell them I'm filing soon?

[tobee43]

ahhhhhhhh freddy!! i'm so glad you are so well prepared for this...makes life easier for certain.

yes, i would "stall" them and show up for the court date...and what's the very worse...we all know it. they get the judgment if you have a meany judge and after your discharge you just have the atty file the motion to vacate the judgment...you'll be fine..

if you want i'll go with you...

[Freddy03]

Thanks for the offer

I'm a regular at the court house these days.....lol

I was just hoping it could wait till after I've filed so I won't have to pay to vacate another judgment. If it's expensive I'll try to do it on my own first.

I believe I could file it for free on my own. I'll look more into it after we have filed.

[tobee43]

Thanks for the offer

I'm a regular at the court house these days.....lol

I was just hoping it could wait till after I've filed so I won't have to pay to vacate another judgment. If it's expensive I'll try to do it on my own first.

I believe I could file it for free on my own. I'll look more into it after we have filed.

if jb sees the post...i'm certain he has some info about filing the motion yourself...i understand the court clerk can provide the docs needed to fill out and i understand it's just ONE more thing you didn't want to deal with.

i'm just hoping maybe you can stall them from actually getting the judgment by attending the court date and telling the judge you're pay $10 monthly because that's all you can afford right now...i wouldn't really mention the bk...just in case...if you can JUST stall them another 60 days you should ok i would think.

[Freddy03]

if jb sees the post...i'm certain he has some info about filing the motion yourself...i understand the court clerk can provide the docs needed to fill out and i understand it's just ONE more thing you didn't want to deal with.

i'm just hoping maybe you can stall them from actually getting the judgment by attending the court date and telling the judge you're pay $10 monthly because that's all you can afford right now...i wouldn't really mention the bk...just in case...if you can JUST stall them another 60 days you should ok i would think.

The judge already knows about my intentions to file. I sent him a letter last month and he put a hold on the case.

I'm just going to go to court. Let them get the judgment and before they can start the garnishment I would have already filed

[tobee43]

The judge already knows about my intentions to file. I sent him a letter last month and he put a hold on the case.

I'm just going to go to court. Let them get the judgment and before they can start the garnishment I would have already filed

gottcha!! of course you are an excellent planner...now i thought down here they couldn't garnish you wages??? florida is soooooo odd...or is IT in your county they can and in ours they can't??

talk about attempting to be on the SAME page!!

but you're right, i would feel the same way...let them get it, after discharge file the motion to vacate and you are good to go!!

[Freddy03]

gottcha!! of course you are an excellent planner...now i thought down here they couldn't garnish you wages??? florida is soooooo odd...or is IT in your county they can and in ours they can't??

talk about attempting to be on the SAME page!!

but you're right, i would feel the same way...let them get it, after discharge file the motion to vacate and you are good to go!!

In FL they can't garnish head of household wages but since this is in both mine and hubby's name they have a shot. I thought I read somewhere that Federal Employees wages could not be garnished. I'll have to look that up again. I don't remember correctly.

[tobee43]

In FL they can't garnish head of household wages but since this is in both mine and hubby's name they have a shot. I thought I read somewhere that Federal Employees wages could not be garnished. I'll have to look that up again. I don't remember correctly.

yes, i saw the federal, police, firemen and teaches PENSIONS ...were not...i'm not certain about the "wages"....