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received summary of judgement?


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HI all. I am very new to this so here goes.....On November 4th I was served with a petition to sue in my local court. I think county. I answered the lawsuit in the allowed amount of time and filed it with the court. Here is some of the information that may answer any questions.

1. Who is suing you?.............Zwicker and Assoc.

2. For how much?................4348.00

3. Who is the original creditor?...........American Express

4. How do you know you are being sued?..........Served

5. How were you served? Were you served?..........Constable

6. What was your correspondence (if any) with the people suing you before you think you were being sued? ................ Last letter received in Feb 2005 as well as rude and unprofessional phone calls.

7. Where do you live?........Texas

8. When is the last time you paid on this account?.........I think summer 2002. I had a couple of accounts and don't know which one this is.

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or B) looking it up online (many states have this information posted daily). ........... Have no information on this. just received a summary of judgement from Z&A. No website, and they won't answer over phone.

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?).......... no

11. Did you request debt validation before the suit was filed? Only vocally.........Only recently found this forum and info on DV letters.

12. Did you receive an interrogatory (questionnaire) regarding the lawsuit?.............. I don't think so.

Yesterday I received a Plaintiffs Motion for Summary Judgement, claiming that I basically ignored summons and thus accepted debt. Though I did file with the court. I was not aware that I needed to send a copy to the CA. Did that hurt me? I just want to get to a point of finding out what debt this is of mine and possible settling to pay them off.

Because I didn't send this answer to them, am I out of luck of all options?

Hope I did this right. Any help will be appreciated.

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OK, when you received the summons (what is the date, BTW?), did you see something which required an answer? You needed to respond to the summons within some time frame, usually 20-30 days, depending on the post. Ok, just saw that you did file an answer

OK, so you sent your answer to the court. What did it say? This is important.

You can file a motion to dismiss summary judgment based on the fact that you did answer the summons, I'd get some kind of stamped doc from the court to include as an exhibit so you have proof.

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What it looks like here is that you did in fact answer the complaint saying something within the prescribed time period and the court received it. It is not absolutely necessary to serve a copy of the answer upon the plaintiff unless required by the court along with a proof of service affidavit. Even in such instances, the plaintiff receives a copy of what you filed with the court. The Summary judgment motion occurred because you probably did not show up for pre-trial or conference hearing. You can usually still oppose the Summary by motioning to the court you want to be heard. A trial date should then be set. Request Discovery and that is your DV. Also, favorable settlement options are still likely on the table!

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In a nutshell...My answer denied the accusations in the original petition, did not acknowledge any reception of any written notice, asked for discovery concerning the agreement and sums, and showed a wish to pursue further negation with the issuer of the account.

I do have a copy of the answer with the court's stamp and date on it. As of yet I am not aware of any pretrial or conference hearing on this suit. Should I consider that my request for discovery in my answer as enough of a request or should I make out a more in depth request.

I will get more answers from the court on Monday. I just want to cover my options before it gets too late. Thanks for your opinions.

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  • 2 weeks later...

I checked with the court and the Summary Judgement has not been filed. Since then, Zwicker has contacted me to give me a chance to settle or pay before the summary in filed. I think that it is their way of threatening me. I have a couple of questions. I still haven't received any validation or discovery on this account though I did request it in my answer. I assuming that I should actually file discovery with the court separate from my answer. Should I also send a letter requesting validation to the guy that is calling me(there have been 3 different very insulting hard core collectors) in New Jersey, or should I send something to the lawyer here in Texas.

I am preparing to file a motion to dismiss summary judgement it need be, but the guys calling are putting on the pressure and threats and I don't want to lose the opportunity to settle this and stay out of court. (may sound wimpy, but meeting before a judge scares me.) :shock:

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