received a motion for default judgement even though answer sent????
Date: Sat, 07/25/2009 - 19:06
Hello -I need some advice. I received a summons on June 16, and I filed July 1 at the clerk's office with my answer. It was stamped and put in the file. Just this past week on the 23rd of July, I received a notice from the attorney for the plaintiff (credit card,) on a motion to move for default judgement stating I did not respond to the complaint and follow it? I am confused. I thought default happened IF you did not follow through and answer? I went over the summons from the clerk, and I answered it within the timeframe, etc. What should I do? I am worried, as I do not want it to hit my credit. I would as soon settle it or start payments even though much of the debt owed is incorrect. Any help would be great!- thanks, ryan
Did you have anything to prove that you have filed an answer to
Did you have anything to prove that you have filed an answer to the summon? If you have so, you may send a copy of the same to the plaintiff's lawyer. However, since you have filed an answer, you can always file a motion to vacate a default judgment in case the creditor brings a default judgment against you.
Call the clerk's office and just verify it was filed properly. A
Call the clerk's office and just verify it was filed properly. Also file a Motion for Discovery.
