Summary judgement

No! You cannot just sit and wait for the courts decision. You must at the very least file an opposition and you only have a certain amount of time. For this you will need a lawyer or other competent legal assistance. Summary judgment is no joke. They are basically telling the court that you have no evidence to dispute their claims and that they should win "as a matter of law" It also depends on what you put in your answer and what kind of discovery you did. For example did you ask for statements, records and all documents that you signed. Can they produce your original papers or did they just say they wanted to use "copies"? Make them prove their case!!! Oftentimes they cannot. Also the more you fight back with discovery and other tools that you have a right to use the more expensive it becomes for them-in other words you "kill" their profit margin unless your debt is in the stratoshpere. They just sell the debt to one of these "debt collection" attorneys who front off the bank's name for authority to sue.

The attorney has bought the debt from the bank and then sues you "under the bank's name of course" for the prinicipal. Where they make their money is by forcing scared uninformed consumers like us into doing nothing. They then take a default, add in "attorney's fees" and "costs" which then belong to the attorney or law firm. If they recover on any of the principal they may share a small percentage of that with the financial institution in question. Quite a racket or nice work if you can get it. Then they monitor you and when you go back to work or get money from another "visible" source they move in to attach it and add even more interest from the time that has passed since the judgment. Since you are posting this so early in the morning I will take a little liberty here and assume this is causing you sleepless nights.

I can't give legal advice but what I can do is advise you to go to a debt counselor or consumer counseling agency immediately (yesterday) and see if somone there can help or give you a referral. I might be wrong but this sounds like the work of capital one and that san diego sleaze mark walsh. But it doesn't really matter they are all basically the same pile of s--- and will do anything to screw you.
I hope you fight the good fight and wish you the best of luck.

Thanks for info, I will file some type of oppisition. I am getting help from an attorney, kinda of a freebie, so he has been a little slow to respond to my questions. I will press him to file something.