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WHYCHAT/Any kindered soul-i need help on summary judgement
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Posted by colleen
(152.163.252.134) on February 17, 2004 at 10:29:17:
After six gruelling and heart wrenching months of summons, undending answers and motions...Wolpoff and a Local lawyer (in behalf of Discover Card) have finally filed a Motion for Summary Judgement on my almost $9000 debt (plus whatever ludicrous interest!). I have tried to delay the whole process by asking them for validation. They have recently sent me copies of all my statements through those past months and a blurry copy of what seemed to be a credit application slip with my signature (it looked unlegible and quite questionable) on it. Anyway, their Motion for Summary Judgement has been scheduled for March 3 and it stipulates that there is no genuine dispute of material facts in this matter as attached affidavits/agreement/statements have been established between the parties. It also concludes that summary judgement is appropriate where there is no genuine issue of fact for trial.
Whychat, I am RESIGNEDd to this already...quite EXHAUSTED and TIRED to even refute this fact. It is also a fact that I have no funds to pay them back. Obviously if I had, I would not drag this matter for so long. I know when March 3 comes, the Judge will favor them. My dilemma is how to go about figuring out what to worry about in terms of Discover Card taking whatever "assets" I have left on my name or having to face the embarassment of a sheriff confiscating my property. Whychat, what measures should I take? I live in DELAWARE which I know is a non-community state which is kinda vague for me---is this good or bad? I am UNEMPLOYED for the past eight years, and the only assets with my name on it is our 4 year old van whose title shows that my husband is primary; Our house is both on our names but he is primary on it too, plus we are paying a First and Second mortgage on it; The only bank account with my name and my children as secondary is our checking--my hubby is still primary. I have taken out my name on our Savings and my hubby just issued a power of attorney to authorize me to withdraw money if needed. Can they garnish and tap on our bank accounts? We have some minimum stock holdings with my name as secondary which I know they cannot touch. Other than that, I have nothing else to my name. Delaware has no SOL on judgements! PLEASE HELP ME...how can they enforce a judgement on a poor miserable rut/soul like me? Please HELP me with any information to alleviate this troubled soul!
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