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?
State/Country relating to question: Hawaii
I have answered several of their discoveries and I have submitted discovery of my own which the plaintiff attorneys never answered. I am thinking of filing bankruptcy but may not be able to afford that either.
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?
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.
Thanks so much for your help!
Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
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
If I have more questions I sure will request you. Thanks so much, you have helped me to make a decision and move forward.
Sounds good, just let me know if and when I can help in the future.
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