What is a motion for summary judgment in court of common pleas?

I received a copy of a letter sent to clerk of court in my hometown asking for a motion hearing concerning an old credit card debt for $2093.74. I am worried sick about this. I am 78 years old, on disability. I own my home but it's listed as a Homestead exemption. What's going to happen to me? What would happen if I didn't show up? I can't afford a lawyer. Please help!!!What is a motion for summary judgment in court of common pleas?The most important question is: How old is the debt?

Each state has a statute of limitations on how long a creditor has to sue you. If it's say, 4 yrs, and you know it's been much longer, you should tell the court just that. Get a copy of your credit reports and submit them to prove they're over the statute of limitations and have no legal recourse.

No matter what, you should always appear in court. Especially, if they give you further opportunity to defend yourself.

The worst case scenario is they win judgment and you make payment arrangements and a negative mark on your credit reports.

If you're worried about garnishment or bank levies, don't be. Even if you have direct deposit, Social Security Disability is exempt.

While it's not necessary, you can always contact your legal aid office to seek counsel. The cost should be minimal if not free.

Keep your chin up!What is a motion for summary judgment in court of common pleas?
I think it means that the credit card company wants the court to make a judgement without going through all the nonsense of setting court dates and then asking for extensions of time and preparing the case.



They are telling the judge that the case is so cut and dried that they want the judgement immediately.



The worst thing that could happen is the court says ya you owe the money. But it still doesn't mean you have to pay it. If you're broke and have no assets then they can't squeeze blood out of a turnip. In that case the credit card company really won't care that much because with a judgement against you they can just write it off their taxes as uncollectable.



If you owe the money, I'm afraid you should really try to pay it.What is a motion for summary judgment in court of common pleas?This is most likely what you will see in the court. The court will be packed with dozens of individuals like you. In the front rows there will be a few attorneys seated. When the judge comes in he will make a blanket statement that "you have been called here because you owe money to some of the creditors. The lawyers in front are representing the creditors. They will be making arrangements for you to pay off this debt. If you do not agree with the arrangements suggested by the lawyer you can come and see me." The Judge will then return to his chambers. You then will be talking to the lawyers.



Please don't be afraid. This is not the end of the world yet.What is a motion for summary judgment in court of common pleas?
This means the collection agency for the credit card company is going to sue you. I know it may be difficult but there is some research you should do.



Your first step is to find out what the statute of limitations in your state is and see if that time has passed. I have include a direct link to the list of states below as well as to the homepage of that website to help your research get started.



So, you read the website and have found that your account is past the statute of limitations. Contact your local clerk of courts and inform them you would like to enter an Intent to Defend. This will send a letter to you and the collection agency saying you intend to defend your case. At this point, they will usually drop the case if it is past the statute. If they do not drop it, you will need to appear in court and explain that it is past your state's statute of limitations(the time they have to sue you)



If it's within the statue of limitations, you should still appear in court. Explain your circumstances and go from there.



There will not be a big group of people or group of lawyers in court. The judge will not simply say you have to pay. He or she will listen to the facts of the case.



With your homestead exemption and what you've told us, it's very unlikely they would be able to really do anything with the judgement; however, they may still pursue one.



I also suggest doing a search for legal aid on google. Due to your circumstances, you may be able to get an attorney to help you without a charge. Your local senior center or public assistance office should have information on free legal help as well.



Don't let this get you too upset though. I know that's easy to say and hard to do but it won't help. The best thing to do is learn your rights and learn where you can go for help and it should work out fine.What is a motion for summary judgment in court of common pleas?I'm assuming that the credit card was unsecured. If so, even if the credit card company gets the judgement against you, they can't really do much. They cannot file against your house. They can't take your disability. However, if you do have any bank accounts/saving accounts or checking accounts with money in them, they can garnish those (I think)