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Posted: Fri May 16, 2008 7:35 pm Subject: What is a Motion for Summary Judgement

In 2006 I was served papers by AIS Services,LLC intent to sue. Per the court instructions, I requested proof of the actual debt. Never heard another word from them. Today in the mail I received a notice for a Motion for Summary Judgement. I have not received any phone calls or correspondence prior to receiving this. In addition, it does not have the correct address on it and was sent regular mail not certified. Appears to me that by sending this in the manner they did I would fail to receive it. I would greatly appreciate help in understanding this. When I received the first notice, I called and requested to speak to the attorney handling the case. Wasn't able to speak with them or to receive a return phone call.Please help me.

Posted: Sat May 17, 2008 6:56 pm Subject:

Posted: Sat May 17, 2008 10:50 pm Subject:

Summary judgment is a legal term which means that a court has made a determination (a judgment) without a full trial. Such a judgment may be issued as to the merits of an entire case, or of specific issues in that case.In its motion (request) for summary judgment, the moving party will also attempt to persuade the court that the undisputed material facts require judgment to be entered in favor of the moving party.

Posted: Sun May 18, 2008 2:32 pm Subject:

Normally I think it would be filed after the defendant files an answer.

Suppose they file a complaint stating that you owe a debt, etc. If you admit to the debt in your answer, then theoretically it doesn't need to go to a trial because you already admitted to the charges. The plaintiff can motion for a summary judgment to be made just on the facts at hand.

Guest · Posted: Tue May 20, 2008 6:17 am Subject:

I am confused. If there is a judgment, why wasn't I notified of this when it was rendered? What options do I have at this point? Is there a minimum amount one has to make in order for their paycheck to be garnished? I make less than 10,000 a year and my weekly check for 2 weeks work is between $213 and $226. In my response to the court I questioned the validity of the debt as there is two different amounts on two different credit reports for the same credit card. My employer will release me from employment if I am garnished,then what happens? Jail?

Guest · Posted: Tue May 20, 2008 6:19 am Subject:

I would like to make a correction, my biweekly paycheck is between $213 and $226. I get paid every two weeks.

Posted: Tue May 20, 2008 6:25 am Subject: reply

is that you paige?what state are you in again?

Guest · Posted: Wed May 21, 2008 5:26 am Subject:

Yes, it's me,Paige. I am stressed to the very max about this and any help would be greatly appreciated. I am in KY. Any thoughts?

Guest · Posted: Wed May 21, 2008 5:26 am Subject:

Yes, it's me,Paige. I am stressed to the very max about this and any help would be greatly appreciated. I am in KY. Any thoughts?

Posted: Wed May 21, 2008 5:34 am Subject: reply

i would check with your county court clerk.that is where the case should be.give them the case# they should let you know any status.sounds like though your income is way too low to garnish.

Guest · Posted: Wed May 21, 2008 2:34 pm Subject:

I spoke with the county clerks office today just a few minutes ago. Yes, they have filed a motion and it is to be heard in district court June 10 at 1:30. All they would tell me was that if I did not agree with anything in the information I should come to court with a lawyer. At this point it sure looks bleak as all get out. I don't have the money to hire a lawyer so where do I go? I know that they figure that I don't have the money to pay it so I won't be able to financially fight it which is true. What next? Ok, stupid question, is there any type of assistance which may be out there which can help me? I am not sure just how much more I can take.

Paige

Guest · Posted: Wed May 21, 2008 2:36 pm Subject:

So if they can't garnish my paycheck what will they do to me?

Posted: Wed May 21, 2008 3:02 pm Subject: reply

did you ever send DV letters,if so bring those.
you may be able to request validation then as they never validated the debt.the worst they can do is get a judgement,but looking at your income i don't see how the judge wouldn't work a payment plan.
granted that should be worst case.try to request validation there.

Guest · Posted: Wed May 21, 2008 3:41 pm Subject:

In my response to the court following the receipt of my summons, I requested validation of my debt. I have never received anything from them in reference to this. Another stupid question, if a payment plan is set up, is it income contingent? I really don't have anything extra nor do I have anything of value in which to sell.

Posted: Wed May 21, 2008 4:14 pm Subject: reply

income would come into it,for more clarity PM jcemt or skydiver.they can assist you with that.

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What is a Motion for Summary Judgement

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