my house in in forclosure , and i have been to court telling the judge i'm working on a modifacation , the plaintiff attorney has sent me a form ( scheduling order on contested motion ) The responding party shall file a response to the motion , if any , on or before June 18th The moving party shall file a reply on the motion , if any , on or before July 16th The moving party shall deliver courtesy copies to the court on or before July 23 please help , confused and broke homeowner , thank you
Country relating to Question: United States
State (if USA): Illinois
I have been in forclosure for 2 yrs , i have tried 2 times working with bank and , its the same thing every time ( they never recieved all the info ) I have worked with ICCE which help me fill out the form also , now I'm back trying for modifacation again with the bank
Hello and thank you for allowing me the opportunity to assist you.I'd like to help, but I'm unclear what you're confused about and/or what legal information you'd like to know. Can you clarify?
on this form which i beleive is a order on contested motion is
the responding party shall file a response to the motion , what does this mean and what do i need ?
the moving party shall file a brief on this motion , what does the mean and what do i need ?
The responding party shall deliver cpoies to the court ?
a responding party who fails to file a written respond will have no oral argument
Relist: Other.still waiting for answer
Hello, and welcome to JustAnswer! I am a licensed attorney and will be happy to assist you since you have chosen to relis your question.This information is provided assuming you are the responding party that has been served with a motion filed by the lender's attorney. If it is the other way around, just let me know and I will provide you with a revised version of my response. Filing a response to the motion means filing an opposition contesting the other party's points and providing law supporting your position. The attorney for the opposing party is well-versed in the law and has included a legal authority in the motion in support of his or her position. Therefore, to be on equal ground, you should have an attorney draft the response for you. Their response then needs to be timely filed with the court and served on the other party. Service on the other party is effectuated by mailing your response to the opposing party's attorney, with a proof of service attached. The proof of service should also be attached to the response, when filed. To deliver a courtesy copy, you would overnight a copy of your response and proof of service to the judge, in his courtroom. This needs to be done within 24 hours of filing and serving your response. Your court's website will list the specific mailing address for the judge. In the alternative, you can hand deliver your response to the clerk within the same period of time. If you have an attorney draft the response, the attorney will likely handle the filing and service for you. Party is the party who filed the motion, presumably counsel for the opposition in this case. Briefing the motion means citing legal authority and telling the court why it should grant the motion. Since it is only the party who filed the motion that is being ordered to brief it, which is unusual, unless you initiated the motion, there's nothing for you to do here.With regard to your last sentence, in order to preserve your ability to argue the matter in front of the judge, you must provide a written response to the motion within the time provided. Failure to do so means that your position will not be considered and the judge will rule on the motion in favor of the other party.I realize this is a complicated matter and hopefully this information helps, rather than adds to the confusion. If you need additional information or clarification, please let me know and I will be happy to continue to assist you. If I have answered your question, please be sure to indicate your satisfaction where prompted.Best of luck!Attorney 141058.1493779745
I need to read this in the morning when i more alert i will responed tomorrow that you
Sounds good. I'll keep an eye out for your response.If I am not immediately available when your response posts, please be patient for a short while. Rest assured that I will give your matter my full attention immediately upon my return..Attorney 141058.1650021644
Knowledgable and Experienced Attorney
thank you , is this something i can do , can't afford an attorney, what kind of papers are they looking for ( modification ) and do i file it though the courts
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