Do I need to attend a Motion for Summary trial if I do not have a lawyer and/or defense?

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Do I need to attend a Motion for Summary trial if I do not have a lawyer and/or defense?

I was recently sued by a credit union for a past due balance of $4,000. I do not have the money to pay the bill and at this time I can’t offer installment payments. Since I did not respond to the initial summons, I am now facing a default judgement. I received a notice for a hearing for a “Motion for Summary Judgement.” I understand this motion prevents a trial, which I am fine with. Do I need to attend this hearing considering I have no lawyer and/or defense? Also, what is going to happen next?

Asked on June 27, 2012 under Bankruptcy Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Given the circumstances that you are writing about concerning a debt that you seemingly owe, you do not have to attend the summary judgment motion filed against you.

However, from what you have written, it seems that the best way to try and resolve the situation is to contact the plaintiff's attorney and enter into a stipulated judgment for an amount that you agree is owed where as part of the consideration for the stipulated judgment you make monthly payments to the judgment creditor in an amount that you can afford until the amount owed is paid off.

I suggest that you consult with your local legal aid clinic to give you further assistance in the matter you are writing about since you cannot afford to pay an attorney to assist you.


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