What is a notice of motion?

I received a letter in the mail about a vehicle my daddy made me get. We went to look at cars and I told him that I could not afford a $400 a month. Anyway both of our names are on the contract but he is the co-buyer. After getting the car, I made the first 3 payments and he said he was going to handle it from there. Just a few days I got a notice of motion against me. So I called the number on there because I did not know what it was. The lawyer called me back and he represents the finance company and basically my daddy filed for bankruptcy. He never told me that he had not made payments made in a year.

Asked on December 3, 2011 under Bankruptcy Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A notice of motion is exactly what it sounds like--it is official notice, or notification, that another party is making a motion, which means that it is asking the court to do or authorize something. The notice of motion should indicate what the motion is for; for example, if you were sued for the money owed on the car and did not answer the lawsuit, they may be making a motion for a default judmgent, which means to win by default (basically, in this case, you would have forfeited if you did not respond). The notice of motion, in this hypothetical case, would indicate that the other party is seeking entry of a default judgment.

You only get a notice of motion if you are being sued or otherwise involved in a lawsuit; you should retain an attorney to defend yourself.


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