Hsbc

Why a motion of summary judgement has been issued? Have you not replied to their summons within the 20 days period?

You may have to appeal against the summary judgement if you have material documents that would change the outcome of the case.

I did reply to the summons, and I have no idea what steps I need to take. The paperwork says that HSBC believed they had enough of a case against us that the judge should just rule in their favor without a trial

That is the definition of a MSJ. What state/city do you live in? What specific kind of debt is HSBC trying to collect on? I would not recommend contacting them and trying to settle on your own. My advice is to contact a lawyer in your area who specializes in debt collection and retain him or her to handle your case.

We live in Omaha, NE and it is credit card debt, and I have one with them, and my husband has a separate one. My husband is being sued for 2500 and I am being sued for 893. We are going to court on the same day,same time, separate court rooms, same lawyer, so I don't know how this will happen. What I really want to avoid is having our wages garnished. We could probably pay mine in full, but not my husband's. And I'm sorry, what is MSJ?

In short, a Motion for Summary Judgment basically states that there are no genuine issues of material fact and that they are entitled to judgment as a matter of law. Anotherwords, judges decide facts and apply the law, if there is nothing in dispute (facts), the judge applies the law, you lose. You're a bit behind the 8 ball, and need to seek legal counsel if affordable. My state allows for what is called an installment plan, made via motion but it's important that it's done at the time judgment is entered...Thats if you decide to do nothing and lose. It's basically an agreement to pay X per month until paid in full and prevents garnishment until and unless payments are missed...Your local rules and practice may be different...BTW, I settled my HSBC balance was a bit over 3K and they accepted 1K...The other option would be to enter a settlement agreement, pre judgment, whereby you could agree to make X a month payments, until paid in full, and if you miss a payment, then judgment would enter for the balance owed, less the payments...I'd seek a lawyer consult right away...

Also, you indicated you wanted your side heard as well? What is your side? If you don't owe the money or if the amount are wrong or something like that those are valid things the court should know, However, if it's just that times are tough and you're outta work etc, that stuff while it might make you feel cozy it won't help the case. It's a contract action, you either owe the $ or you don't. The hardship stuff can work however when setting up a payment plan.

It is better to pay fees to your own attorney than to pay the fees of their attorney plus court costs and the debt which is what will happen if you try to do this alone!