Served and Answered.... Now What?

[monty1959]

What is the name of your state? New Mexico

I was served a summons from a law firm representing a CA (the 4th one) with regard to a Providian CC account. I filed an answer with the district court within the alotted 30 days and also send a copy certified return receipt to the law firm (which they received) My question is.... it has now been 22 days since I filed my answer; is there a period of time in which the Plaintiff must now respond or set a court date, etc.? Or can they chose to proceed at any time? I don't really want to go to court but I would rather deal with it now than be surprised by an order to appear next year. Anyone with some info on this?

Thanks!

[Ladynred]

My question is.... it has now been 22 days since I filed my answer; is there a period of time in which the Plaintiff must now respond or set a court date, etc.?

I would strongly urge you to call the courthouse and find out if anything has happened with your case.

Or can they chose to proceed at any time?

Chances are pretty good the creditor filed a Motion for Summary Judgment right after they got your answer, it's pretty much standard practice. If your Answer wasn't enough to convince a judge that there should be a hearing, then the MSJ is usually granted -- and that means there could already be a judgment against you. You would have 30 days to appeal, so you need to call the courthouse ASAP !

I don't really want to go to court

And that is why the debt collection industry is clogging our small claims courts with hundreds of thousands of cases and winning most of them BY DEFAULT because people are too scared to go or 'just don't want to' go to court to defend their rights.

[monty1959]

I don't understand how anything can be filed without me being advised since I have filed an answer with the court. Although I don't want to go to court, I fully intend to do so, if necessary. Aren't either the plaintiff or the court itself obligated to advise me of any actions filed against me since my answer?

[Ladynred]

I don't understand how anything can be filed without me being advised since I have filed an answer with the court. Aren't either the plaintiff or the court itself obligated to advise me of any actions filed against me since my answer?

IF there was/is a motion for summary judgment, you SHOULD have been/be notified, yes, but these people find ways to circumvent the process on a daily basis, just so they can win their default w/o a fight. That's why I said you should call the courthouse, to be sure they're not up to any of their usual shenanigans.

[monty1959]

Well, I called the District Court today and they said the last action filed on my case was my
Answer to the Complaint, on August 2. They reassured me that they would send me a copy of anything filed by the Plaintiff but said there was no time limit within which the Plaintiff had to do anything......so what now?

Should I just lay low and not stir anything up? Like, I said I don't really want to got to court, but what choices do I have? I think I have a good chance of winning in court although the idea totally stresses me out or should I try to settle with them just to put this behind me? Or should I try some other legal approach? If so, what? I just hate the idea that this could hang over me indefinitely and at any time, next month or next year or ten years from now, they could summons me to court.

Advice?

Thanks!

[Ladynred]

Actually, if they don't DO something you could file a motion to dismiss - but I wouldn't do that unless it goes several months with no action. If you really think you can win, then don't rock the boat and wait it out, but keep an eye on things at the courthouse, don't EVER trust them. If they wake up, your defense will still work and they'll think they're going to win anyway.

[monty1959]

If I do wait, say 6 months or so, and nothing has happened yet and I file a Motion to Dismiss. Do I file it on the grounds that I already answered their complaint and they failed to proceed or what? Also, if I file such a Motion, what happens then? I assume that they will be advised of the Motion and either let it slide, in which case I win.... but if not, what action could they take at that point? Could they just pick up where they left off and set a court date based on their original complaint? What are the exact steps involved and time frame, if any, involving filing a Motion to Dismiss? Do I actually go before the Judge or does he either grant it or not grant it after reading it?

Thanks for the help.... this is all new to me... but I am definitely learning fast and have acquired a whole new admiration for attorneys (there's alot of stuff to know!!!)