What is the name of your state (only U.S. law)? Texas
I am being sued for an old credit card debt. When I received the summons in May, I sent in my Original Answer to the Petition at the end of the month.
In July, the collection agency submitted an order for default and was denied.
By October, I received a notice that there would be a hearing to show cause. If neither party attended, the case was going to be thrown out, and I believe that the attorney for the Plaintiff would not show up. He did, however, and convinced the judge not to throw the case out. Also, the plaintiff filed a MSJ that month, and I received a notice that MSJ may be granted if I did not file a response.
I have since filed an extension so that I can work on my respond to the MSJ.
My question is this: How do I respond to the MSJ? I did not receive a copy like I did with the plaintiff's original petition. Will I have to go to the court to obtain a copy so that I can respond? Can I obtain copies of all documents on file for this case? Is an opposition more appropriate than a response to the motion for summary judgment?
I thought that I had all cleared this up with my original answer to the petition considering the court was going to throw the case out originally.
Thanks in advance for your help.
I am being sued for an old credit card debt. When I received the summons in May, I sent in my Original Answer to the Petition at the end of the month.
In July, the collection agency submitted an order for default and was denied.
By October, I received a notice that there would be a hearing to show cause. If neither party attended, the case was going to be thrown out, and I believe that the attorney for the Plaintiff would not show up. He did, however, and convinced the judge not to throw the case out. Also, the plaintiff filed a MSJ that month, and I received a notice that MSJ may be granted if I did not file a response.
I have since filed an extension so that I can work on my respond to the MSJ.
My question is this: How do I respond to the MSJ? I did not receive a copy like I did with the plaintiff's original petition. Will I have to go to the court to obtain a copy so that I can respond? Can I obtain copies of all documents on file for this case? Is an opposition more appropriate than a response to the motion for summary judgment?
I thought that I had all cleared this up with my original answer to the petition considering the court was going to throw the case out originally.
Thanks in advance for your help.