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cortrightlaw
cortrightlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 513
Experience:  Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
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I am in a credit card debt lawsuit in Hawaii where I used to

Customer Question

I am in a credit card debt lawsuit in Hawaii where I used to live until 5 months ago when my father got very sick and I had to move to North Carolina. I decided to defend myself pro se and have been in discovery back and forth with the creditor attorneys for more than one year. They initiated the lawsuit June 1, 2011. In May of this year I sent them a First Set of Interrogatories and they never responded-- instead they filed for a Summary Judgement on June 15, 2012, and sent me a Notice of Hearing set for July 10, 2012 for which I have only received yesterday (due to lost in the mail forwarding). Now it is too late to oppose the Summary Judgement or even to show up to the hearing so I think they will get the Judgement by default. My question is, do I have any way to reverse the judgement due to the mail being so late to NC?? And can they just ignore all discovery requests from me and go for the judgment?
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  cortrightlaw replied 2 years ago.

cortrightlaw : The problem is the proof of service attached to the summary jidgmentotion controls as to the date it was mailed. That date satisfies the service requirement even if it gets lost in the mail. So the motion will likely be heard and granted by the court and it will be a final judgment.
cortrightlaw : As to the discovery you should have sent a meet and confer letter for their failure to respond and then brought a motion to compel.
cortrightlaw : Unfortunately the civil process is complex and it takes a lot of knowledge to handle a civil lawsuit or defend against one.
cortrightlaw : If you really owe the debt you might need to consider filing bankruptcy to stop the judgment and eliminate the debt.
Customer:

Thanks for answering... I didnt file any Motion to Compel because I believed you had to file in person and at this point I am in NC for my dad. If I file bankruptcy the day before the Judgement, will that stop the judgement? What if I file after the Judgement is granted?

cortrightlaw :

I totally understand the legal work that you would need to do to fight the judgment would be allot for an attorney, and then not even being near the court makes it impossible for you. And yes if you file the bankruptcy before the judgment you can send a notice of bk filing to the court and the proceedings will stop. And if you file after they get the judgment the judgment will be wiped out as long as it is not for fraud.

Customer:

Thanks so much for your help!

cortrightlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 513
Experience: Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
cortrightlaw and 4 other Bankruptcy Law Specialists are ready to help you
Expert:  cortrightlaw replied 2 years ago.
I was glad to be of assistance answering your bankruptcy question. As you proceed through the bankruptcy process if you have any additional bankruptcy questions I would be glad to assist you. When asking your questions just request cortrightlaw and the question will be routed to me for a response.

Attorney Kevin Cortright
Customer: replied 2 years ago.
If I have more questions I sure will request you. Thanks so much, you have helped me to make a decision and move forward.
Expert:  cortrightlaw replied 2 years ago.
Sounds good, just let me know if and when I can help in the future.

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