mjmartin01 Posted March 26, 2011 Report Share Posted March 26, 2011 (edited) I received a motion from Midland that they are asking to set case on Court's Docket. What does this mean? Do I have to show up for this court date? Does it go to default judgement if I don't? I contacted a lawyer and he said that I can not be garnished b/c I don't make enough money. He also said I am collection proof and that Midland won't be able to collect anything...What should my next step be? I filed a motion to strike the affidavit back in July but nothing came of that. This case has been open since July of 2010. This motion that they recently sent is the only they have done since July of 2010. Any help would be greatly appreciated. Edited March 26, 2011 by mjmartin01 Link to comment Share on other sites More sharing options...
fightemdontfold Posted March 27, 2011 Report Share Posted March 27, 2011 It sounds like they have sent you notification of a court date they have set for a motion. I would say that you need to call the courthouse to find out what it is about. I would think that they would have told you what the motion was about but then again this is Midland we are talking about.Yes if you don't show for the hearing you will have a default levied against you almost certainly.Seeing as it is Midland and the fact that the case has been dormant for that long, I mean can you do anything but shake your head and laugh at how long they let them sit like that, they may well not have what they need to prove their claim.I am not familiar with your case, but you mentioned nothing ever came of the motion to strike the affidavit, what does that mean?? Did you have a hearing on it and the motion was denied, did you request a hearing after filing the motion. You have to request a hearing for the motion or it will just sit there in the file. Seeing as you said you have not heard from them since July, I bet that is what it is,you didn't request a hearing. I did that the first time I filed a motion to dismiss, but was quick to find out my error as I followed up with the court. You dont have to read many threads through on this board to find one where Midland was beaten, so I suppose you could let them win with the reason being that they can't collect anything from you, but why let them when a little research and work could prevent it??? Link to comment Share on other sites More sharing options...
mjmartin01 Posted March 27, 2011 Author Report Share Posted March 27, 2011 thanks for the reply. I guess you are right about the motion just sitting in the file...how do I ask for a hearing? This is all so confusing to me...The motion that was sent to me was "a motion to set case on court's docket"what does that mean? Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted March 27, 2011 Report Share Posted March 27, 2011 To me it sounds like the case was marked off of the docket and now they want to put it back on. That would explain why it the case has been dormant for a while. Link to comment Share on other sites More sharing options...
mjmartin01 Posted March 27, 2011 Author Report Share Posted March 27, 2011 ok thanks for that info Link to comment Share on other sites More sharing options...
mjmartin01 Posted March 28, 2011 Author Report Share Posted March 28, 2011 do I have to go to court for that? If they are just putting it back on the court's docket would I have to be there? Link to comment Share on other sites More sharing options...
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