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Motion of Summary Judgment was maoled to me! What should I do

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JenLe

Member
What is the name of your state? WASHINGTON STATE

Motion of Summary Judgment for 10/25

For a credit card I fail to pay long time ago when I was unemployed.
Please advise what I need to do!!
Should I contact Plaintiff and ask to make payment arrangements hope they will dismiss the case ??? Please advices !!
Much Appreciated
 

Taxing Matters

Overtaxed Member
What is the name of your state? WASHINGTON STATE

Motion of Summary Judgment for 10/25

For a credit card I fail to pay long time ago when I was unemployed.
Please advise what I need to do!!
Should I contact Plaintiff and ask to make payment arrangements hope they will dismiss the case ??? Please advices !!
Much Appreciated
It's unlikely the creditor will agree to simply dismiss the lawsuit now that the lawsuit has been filed. You haven't paid anything on the debt for years apparently, so why should the creditor believe you'll pay on it now? But you may contact the creditor's lawyers and ask about that. They might be willing to give you a payment agreement if you will stipulate to a judgment against you.

When you were served with the complaint in the lawsuit you should have filed an answer to the complaint. Now you have been served a motion for summary judgment. If you don't want summary judgment entered against you, you need to file an opposition to the motion. How much is the creditor suing you for? It might be worthwhile for you to consult an attorney for help. If you don't handle the lawsuit right they'll likely end up with a judgment against you for whatever amount they are asking for.
 

JenLe

Member
Thank You for reading my post!!
They're suing me for $1400 including files/court fees.
As for the court date; I won't be able to be present. I'm guessing this will be my lost. What happen if I'm not present on the set court date? Are they going against my paycheck after the summary judgement over??
Worry!!
 

quincy

Senior Member
Thank You for reading my post!!
They're suing me for $1400 including files/court fees.
As for the court date; I won't be able to be present. I'm guessing this will be my lost. What happen if I'm not present on the set court date? Are they going against my paycheck after the summary judgement over??
Worry!!
If you do not appear for the hearing, a default judgment can be entered against you. The judgment creditor can collect on the judgment through wage garnishment, bank account levies, liens on property and potentially the seizure and sale of personal property.

The good news - albeit not all that good - is that Washington this year passed a law limiting post-judgment interest to 9%. The 9% interest is still higher than the national average (8%) but it is significantly lower than the 12% post-judgment interest previously allowed.

You can check out the tips on negotiating a settlement that appear in a "sticky thread" at the top of this debt collection forum (https://forum.freeadvice.com/threads/how-to-negotiate-a-settlement.428587/). These tips are offered by forum member "Tiger D," an attorney who once was a debt collector.

As mentioned earlier, the credit card debt collector does not have to negotiate a payment plan or a lower cash payment amount to settle the debt. But it doesn't hurt to try.

Good luck.
 
Last edited:

JenLe

Member
Last question::

If I'm present on court set date; any suggest or advice I need to remember to do and say? Sorry! This is my first appearing in this kind situation hope i can get advice so i can be ready a bit.
 

quincy

Senior Member
Last question::

If I'm present on court set date; any suggest or advice I need to remember to do and say? Sorry! This is my first appearing in this kind situation hope i can get advice so i can be ready a bit.
Do you have any defense available (e.g., statute of limitations)? When did you last pay on the credit card?
 

quincy

Senior Member
2014 is my last payment to CAPITAL ONE. As for statute of limitations; I'm not aware of when
Washington has a 6 year statute of limitations for credit card debt collection (the time within which a suit must be filed). It appears Capital One filed suit within the statutory period.

I thought this might be a long shot defense in court for you but, because you said you failed to pay on your debt a "long time ago," I thought it worth a mention.

There should be a period of time prior to meeting the creditor in the courtroom when you can attempt again to negotiate a lower amount or a payment plan.
 

JenLe

Member
Then I'll be there at time of court date; hoping that I can negotiate some kind of deal.

Thank You for taking your time to read my post and your advices!

Have a wonderful weekend!
 

quincy

Senior Member
Then I'll be there at time of court date; hoping that I can negotiate some kind of deal.

Thank You for taking your time to read my post and your advices!

Have a wonderful weekend!
We appreciate the thanks, JenLe, so thank you.

You have a wonderful rest of your weekend, too.
 

JenLe

Member
Please help with advices!

I was at the Court for the Summary Judgement hearing this morning. Found out there was no hearing on file with the civil court! I had the court clerk noted on their system that I was present and asked for a copy.

Please advice what I should do? Reach out or wait for another court hearing?! Can't be taking off work all the time for this!

Help!
 

quincy

Senior Member
Please help with advices!

I was at the Court for the Summary Judgement hearing this morning. Found out there was no hearing on file with the civil court! I had the court clerk noted on their system that I was present and asked for a copy.

Please advice what I should do? Reach out or wait for another court hearing?! Can't be taking off work all the time for this!

Help!
I suggest you wait for notice and continue to contact the court for any scheduled hearing.

Good luck.
 

doucar

Junior Member
If you filed no opposition, judgement may have been entered against you by default. Wait a few days and check the court's file.
 

quincy

Senior Member

JenLe

Member
Please advise..
Dont tell me after I show up for court hearing and they were not there. Found out the hearing was not even listed with civil court yet.
If they mail me another court hearing and this proceed on like last time..there got to be something i can submit against them. I was there for the first hearing! They basically were not honest what they listed on summary judgement
 

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