Basically I get a letter on Feb. 22, 2007 saying the above lawyer was applying for summary judgment and I had 10 days to file an answer. So I file my answer on March 5, 2007 but today get a letter saying that summary judgment was granted and it was filed on 2/27/07.
I't also read no oppositon. Apparently I did give an opposition. Some ran serious game on me.
Just wondering what can I do.
I'm thinking the lawyer sent his motion to me days after he sent it to the courts. Which would mean the judge would rule before he even gets my opposition.
His papers had 2 different dates on them. some had 2/9/07 and one had 2/12/07 but the letter was post marked on the 22nd. Any help is appreciated.
thanks
2007-03-07 13:08:20 · 3 answers · asked by fengshui 2 in Politics & Government ➔ Law & Ethics
I would suggest that you go to the court house and view your file and look at the Proof of Service (this will tell you the date the other party claimed you where served the Summary Judgment). What usually happens on Summary Judgment matters is the Judge gives what is called a tentative ruling, that comes out the day before the hearing, and if no one called the day before the hearing and say they want to speak with the Judge the following day there will be no actually hearing the tentative rule stands. What I would do is set a motion hearing to set aside the judgment. Go to the law library in your county and I am sure that someone there can help you with the process.
2007-03-07 13:59:17 · answer #1 · answered by Little D 2 · 0⤊ 0⤋
You didn't indicate what court or jurisdiction you are in, so read what I say with some hesitation. You are using the term "summary judgment". In *most* courts, that means that at some time in the past, the attorney for the plaintiff filed a petition against you, and you filed an answer to the petition with the court. Once you did that, the attorne likely sent you discovery materials, one of which was a "request for admissions". This is what does nearly 95% of all pro se defendants in.
If you do not answer the Request for Admissions within the proper time period, (as stated in the request), then they are deemed to be admitted. One of the requests probably stated "Do you admit that you are liable(or owe money, etc).", (or something to that effect.) Once that is deemed admitted, then the Motion for Summary Judgment was filed and sent to you.
As someone said earlier, read the Motion carefully. At the bottom of the motion should be something saying "Certificate of Service", along with the Notice of Hearing. Look at the date on the Certificate of Service. If they claim that they mailed it to you on the 17th, and its postmarked the 27th, then you have cause to ask that the judgment be set aside, due to their error.
Before you go through all this, I strongly suggest you contact an attorney licensed in your jurisdiction. I think you are probably in over your head, and if you continue to try this on your own, you will be most unhappy with the results. You may not need to spend a lot of money on the lawyer, and he/she can give you specific advice on how to proceed. For a referral, contact your local or state bar association.
2007-03-08 02:10:34 · answer #2 · answered by Phil R 5 · 0⤊ 0⤋
If you can afford it, I would hire a lawyer. If that is out for you, then you can go to the court with all your paper work and explain what happened. If the dates you stated are correct, then you filed the response too late. I'm not sure whether or not he has the right to set such a date. You should be able to determine that from the court. You can file an appeal, citing that you were not given enough time to properly respond. 10 day seems like an awfully short time.
2007-03-07 22:00:17 · answer #3 · answered by The Hiker 3 · 0⤊ 0⤋