Re: motion for judgement

Posted by Wh Chat (209.240.198.61) on July 05, 2003 at 19:31:41:

In Reply to: motion for judgement posted by Help fast on July 05, 2003 at 17:08:39:

It is an impossibilty for anyone to give you any 11th hour advice without knowing more than the time of your hearing. However, I will make some "guessstimates".

Assuming this is a credit card debt you are being sued on and not child support or traffic violations,and assuming this s a debt that you actually owe, and defaulted on less than 6 years ago, and assuming you have not previously answered or filed any notice with the Court or the plaintiff that you will be in attendance, I suggest you just show up,make sure the court clerk knows you are there, and request proof of their claim.

In general, they send low level staff to file a default judgment as they do not expect anyone to show.The staff they send rarely has the documentation to prove their case. Even if they do, you can certainly find some areas of dispute, as to dates of default, amount owed, interest or fees charged etc.

At the worst, if they have all their proof there, they will have a medition settlement session where you can make arragements for a mediated settlement,this allows you to make payments to the creditor in exchange or yo signing a stipulated judgment,this mens if you DON'T pay as agreed, the judgment is automatically entered.

If you DO agree to a stipulated settlement, MAKE SURE it is filed with the Court,as some lawyers jump the gun and file the judgment right away anyway.

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