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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 5283
Experience:  Licensed to practice before state and federal court
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I have a Hearing for Plaintiff's Motion for a Summary

Customer Question

I have a Hearing for Plaintiff's Motion for a Summary Judgement regarding credit card debt - I have already acknowledged that I owe the money, but am on Social Security now and extenuating circumstances happened and I have to now pay the mortgage on my home, so I have been unable to pay the card. I have nothing of value, not even a car in my name, just my home which is held "with right of survivorship" with my son and I - what will they do to me with a Judgement? I am 71 and always had great credit until 2015
JA: What state is this in? And how old is the car?
Customer: Florida - I don't own a car now.
JA: Has anything been filed or reported?
Customer: they filed everything, but my son said to call them and write them, which I did, but they set the hearing anyway - his intention is to pay the credit card debt within 3-6 months, as when his company closed, I had to begin paying the mortgage for my home, which he purchased for me in 2002
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just don't know what happens if I can't get a ride there - I don't even know how to Uber - my son does. I have written them the circumstances that I have nothing of value anymore - will they put a lien on my home?
Submitted: 1 month ago.
Category: Legal
Expert:  Legal Eagle replied 1 month ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. I’m sorry to hear about this situation. To give you an idea of what to expect, a motion for summary judgment simply means that the other party is saying that there are no issues in dispute of Law and fact. This simply means that they are wanting to the judge to make a judgement without having to go to trial because the case is so heavily in their favor and there is nothing you can do to argue otherwise. If the judge approves the summary judgment, this means that they win the case. However, that does not mean all hope is lost. You may be able to still get something if you are looking to settle the debt. Sometimes, just settling the debt is the easiest thing to do. It doesn't always appear as if it's the easiest thing to do, but every single day lawyers across the country are explaining to their clients that if they just work on settling their debts in a way that makes sense for them and they are going to be in a better position in the long-term. To facilitate your situation, there’s a site that I’ve used in the past where you can find a good template for debt settlement (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If you send this letter and they do not respond, then try sending it again to remind them that settling is really what resolving disputes is all about.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

Expert:  Legal Eagle replied 1 month ago.

To answer your other questions, they don't automatically get a lien on your home at all. That would only happen if a) they are successful at this hearing and b) they go back to court and sue if you don't pay them anything going forward.