Note for motion judgement

[Tues15]

What is the name of your state (only U.S. law)? Washington

I received a summons from the lawyers hired by the credit card. I filed a notice of appearance and completed within 20 days.

However, I received a note for motion docket (default judgement) since I did not file an answer. I did not file an answer because a consumer advocate lawyer mentioned I did not need to file one right away so I could buy some time to save funds to negotiate a settlement.

I have since completed the answer and affirmative defenses form and filed it with the court. Furthermore, I filed a response in opposition to motion for default judgement.

I called the debt collector lawyer and negotiated a settlement, which I will pay for with cashier's check once I receive confirmation in writing.

My only concern is the court date, which is in 4 business days. Should I ask the debt collector lawyer to withdraw the case since we have reached a settlement?

Thanks

 

[TigerD]

What is the name of your state (only U.S. law)? Washington

I received a summons from the lawyers hired by the credit card. I filed a notice of appearance and completed within 20 days.

However, I received a note for motion docket (default judgement) since I did not file an answer. I did not file an answer because a consumer advocate lawyer mentioned I did not need to file one right away so I could buy some time to save funds to negotiate a settlement.

I have since completed the answer and affirmative defenses form and filed it with the court. Furthermore, I filed a response in opposition to motion for default judgement.

I called the debt collector lawyer and negotiated a settlement, which I will pay for with cashier's check once I receive confirmation in writing.

My only concern is the court date, which is in 4 business days. Should I ask the debt collector lawyer to withdraw the case since we have reached a settlement?

Thanks

You need to appear in court.

TD

 

[single317dad]

If you're going to represent yourself in a court case, you need to read and understand the entirety of Washington's Civil Procedure:

http://apps.leg.wa.gov/rcw/default.aspx?Cite=4

Additionally, local court rules may apply.

Since you did not file your answer within 20 days or successfully petition the court for more time, all allegations in the complaint could be accepted as fact. However, since you have filed your appearance, you can still file pleadings prior to the hearing date:

https://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=sup&set=CR&ruleid=supcr55

Read carefully and make sure the information I've provided applies to YOUR court. If not, seek the relevant information for the proper court.

If you do file your answer and it is accepted by the court and the default judgment is denied, their next step may be summary judgment. If there is no question of fact raised prior to the MSJ, the court may (and likely will) enter a summary judgment to avoid wasting time on a trial.

As previously advised, you should always appear for any court hearing related to your case. If you have an agreement with the creditor, the attorney might just ask to continue the case pending completion of that transaction. If the payment has been made before the court date, bring proof. The case should be dismissed at that time, if not sooner.

 

[Tues15]

Thank you, the information provided was very helpful.