Summary Judgement

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shaniece28

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My question is similar to the post submitted by member "marm" on 8/13/08.

I was served papers that I was being sued in superior court by capital one for 2100.00. I filed the answer within two days of receiving the notice. I contacted the attorney to settle,. I owed 1500 and I agreed but not what they were suing for. They never responded. Everything was certified, sent via email and fax and I kept all confirmations. I was told to wait for a notice for a hearing or trial. I never received one. I received papers from the attorney for Capital one (interrogatories, production of documents). I sent them many letters over time that answered the questions, but never formally answered each question, etc. I still continued to ocntact them offering to pay, even laid out a payment plan where they would have been paid the 1500 I agreed I owed by this month. Late June Ireceived a letter from them, informal, two sentence letter stating ot pay a judgement was entered. A month later I received a notice from the court of mediation date. I contacted the mediation office asking for a change of date and that is when I found out that the mediation was no more because they found out a judgement was entered therefore I did not have to attend. This was last week. I contacted the court they sadi the judgement was entered on June 13. I did not get any notice ron the court of a hearing or judgement, the attorney never sent me a formal court document for judgement and when they sent the informal letter that any creditor could have sent, it was three weeks after the court awarded the judgement. I wanted to appeal, which iwas told I could still submit although the 30 days was up. I was told by the clerk to send with an explanation of what occurred. But my question is how can this be done. How can a judgement be netered without me being notified of a hearing, etc. I never receive anything from the court bewtween being served and then the order for mediation, which was cancelled days after being notified. What can I do at this point? I am in the state of Georgia
 
Collection agencies do this all the time. You will need to file a Rule 60 motion to set aside the judgment. The clerk may give you a copy of one from another case.
 
Thanks alot! So I just go to the courthouse and ask to file a rule 60 motion and ask for a copy? Should I hire an attorney to file this or can this be done by someone with basic legal knowledge
 
Summary Judgment - No notification from court

In regards to my previous post, wasn't the court supposed to send me the order/judgment. I never received anything from them about a judgment. How was I supposed to know a judgment was entered against me. To this day I would not have known if I did not get papers to attend mediation and then days later it was cancelled and they told me a judgment was already entered. One of the ladies at the courthouse said they don't send those out I have to go get a copy. This makes no sense. If I am a party in a case how do you justify not notifying me of a judgment entered against me>
 
The clerk cannot give you legal advice. She may be nice enough to find and copy something similar from another case or you can go to your local law library. You can probably learn enough fairly easily to file. Google your particular court's Rules of Civil Procedure and then go to Rule 60.
 
The clerk cannot give you legal advice. She may be nice enough to find and copy something similar from another case or you can go to your local law library. You can probably learn enough fairly easily to file. Google your particular court's Rules of Civil Procedure and then go to Rule 60. Get a complete copy of the file from the clerk first.
 
Will filing this affect a Notice of Appeal or should I wait to see if the appeal is granted. I called the court this morning and was told by the lady who handles the appeals that the file is in review by the judge and that I will be contacted by the law clerk in writing. My appeal stated I was appealing and I sent a copy to the plaintiff's attorney but I am a pro se defendant so it was a letter/statement furthermore I was told to provide an explanation due to the fact it was past the 30 days. I am not getting too much information from the courts which ican understand becasue they cannot give legal advice but I am jsut trying ot get a better understanding.

Thank You!
 
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