I've seen a couple posts on the topic, so thought
Date: Mon, 05/09/2011 - 17:28
I've seen a couple posts on the topic, so thought maybe you could help. Last year, I started on the lovely process of being sued by Discover via Bishop, White and Marshall (BWM). I am in Jackson county Oregon, they Washington. I filed my answer, on time, with affirmative defenses. I also requested validation, which they failed to respond to in time. In Oregon, we have mandatory arbitration. Arb was scheduled for Dec last year. My husband went to jail a couple days before arb and I missed it. Judgment was awarded and I appealed and requested trial de novo, which was granted and is set for June 16, with pre trial May 16, this Monday. I requested to appear by telephone about a month ago...that seemed to prompt BWM into action. They then req'd a continuance of trial date in the end of April (after judge granted me to appear by phone) so they could file a dispositive motion. The dispositive motion, motion for SJ, was filed 5/4 along with affidavit from an employee of a third party, and account statements. I have a couple questions. 1. How to I file a response to this motion? I have been reading forever on how, and am thinking about consulting an attorney to help me draft. I have the ideas, but not quite sure how to put it all down. I've been looking for a good sample draft that would apply...but no luck. Any help or advice? Or maybe a sample? 2. Can they file a motion for continuance and this motion within 60 days of trial? Will the judge allow this? Should I include this fact in my response to motion? I feel like they should have done this before the 60 days. Judge has not ruled on continuance yet. I am sort of hoping BWM forgets about pre-trial while waiting for judge to accept continuance, doesn't show up to pre-trial on Monday and I win!
But honestly, any advice you can give me would help! Thanks
But honestly, any advice you can give me would help! Thanks
I think an experienced attorney will be the best person to help
I think an experienced attorney will be the best person to help you in this matter. He/she can give the correct advice.