PDA

View Full Version : Motion for Summary Judgment due to credit debt


johnboston
Oct 30, 2007, 12:36 PM
In 2005 I ran into severe financial trouble, causing majority of my debts to go to collections. Unfortunately, many are still there. Spring of 2007 I received a summons for a court appearance because of a judgment that had been filed to my county court on behalf of the credit card company for the original amount of $895 plus legal fees and interest totaling $1,413.96.(the papers were served to my mother not me. Is that legitimate? )

I wrote my answer to court as a dispute without refusal to pay the debt and request to the law firm which served the papers to verify the debt within 30 days. Nearly 6 months later (dated Sep 2007, received October 15, 2007), I received the verification in the form of my billing statements. Ten days later, October 25, I received via mail a "Motion for Summary Judgment" with "Memorandum of points and authorities in support of plaintiffs motion" But nothing really says what I am to do now, besides stating that the "defendant cannot rest on the allegations of his answer, but must file a response to the motion for summary judgment.

I am not refusing to pay the debt. I made that clear to the creditor. However, they only would take a full lump sum payment. I have gone back to college to get my degree and now a senior living off financial aid and a scholarship, which leaves me nothing left over. But if this judgment is granted it can severely inhibit me when looking for a career when I graduate and for entrance into graduate school.

What are my options here? Can I go back to the original creditor and try to negotiate with them to pull back the lawyers? Can I fight it in court with any chance of winning? Or any other advice would be extremely helpful.

Thank you