What can I do about this?
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Posted by What next?
(172.154.132.196) on July 08, 2003 at 05:26:00:
Hi all,
Here's an outline of what occurred. I feel as if I've been screwed over and not given my day in court,
perhaps because of my own ignorance regarding the law. In late March, I was sued by an Attorney for a Bank who I had a credit card with. The paperwork I received from the court required that I file an answer within 30 days. I filed an answer within 30 days. My answer in NO way acknowledged that I owed this debt, much less what amount I owed. Quite the reverse, I noted in my answer that I had several ongoing issues with several creditors,and I had to first determine what was what, how much was owed, and to sort thru all the issues, which involved both personal and business related issues. I explained that I was requesting an extension of time to put this all together. A few days after I filed my answer with both the court and the Banks Attorney, I received from the Banks Attorney a "motion for judgement based on the pleadings".
In this motion, the Attorney argued that they were entitled to judgement because there were "no disputed material issues of fact", and because I had filed my answer, the pleadings were now closed. Approximately a week after receiving that, I then received a notice from the court that a pre~trial hearing was scheduled for approximately 2 months from that date. I never received anything from either the court or the Attorney since that time. I fully intended on taking this issue to pre~trial...and believed that is what was occurring, given the timing of these events, and I believed that the pre~trial hearing was set after the Banks Attorney had filed their motion for judgement, given when I received the courts notice setting a hearing date. The pre~trial was originally set for today...and up until last Friday, I thought that we were going to have a pre~trial hearing. I just learned friday though
from doing a court search on the internet that
in mid June, an entry was filed in favor of the Bank
for the full amount plus court costs, and the case was closed. Frankly, I was shocked to read that. I had intended on presenting several issues at pre~trial that I feel may have significantly altered the outcome or at the very least, prompted their attorney to have wanted to settle with me. Among these were what I believe was a clear violation of the FDCPA. For the most part, the issues I discovered that I felt could be used in a defense were ones I learned about after filing my initial answer...in preparation for what I thought was going to be a trial. How the judge arrived at agreeing they should be granted judgement based on the initial answer I filed, I have no idea. But it was wrong in my opinion, and in no way was that meant to be my final pleading. I guess I erred on the part of not responding to their motion for judgement based on the pleadings, and their arguing the pleadings were now closed.
I thought that was what the pre~trial hearing was for though and that this "trial" was going to be something more than them sending in one request and the judge closing the case! In any event, what next? I don't have the money for a lawyer but i would like to get this reopened if I can, but I don't know what to file to do that. Personally, I feel it should be reopened on the grounds that my answer was in no way pleading anything, and it clearly pointed out that I needed more time to review everything that was involved here.
If possible, I would like to take this back to square one, without having to elaborate on what my particular defenses would be. Anyways, any comments would be appreciated and specifically ones which would involve what I should or could do next? My main objective is to get a pre~trial hearing if it's at all possible. Thanks.
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