If you read the first part about answering a summons, this is a continuation and involves a different type of answer and suit. Creditor's are awarded default judgments when a debtor does not show or answer. Even after answering a creditor will sometimes attempt a summary judgment. Summary judgments are like murder cases with no witnesses or evidence and consumer's are not given a fair trial. You as the debtor have a right to know how they arrived at the balance they claim.
If a creditor attempts summary judgment you can file a motion to dismiss the motion for summary judgment. In your motion, request a bill of particulars and an itemization of the charges and claim filed. This will protect you from creditors charging unlawful interest and obtaining a judgment for a much higher amount than is actually owed.
Feel free to email me if you have unanswered questions and I'll see if I can steer you in the right direction to find answers.
Monday, October 29, 2007
Dealing with Summary Judgments.
I know this is boring to most, but hopefully someone will find it helpful.
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