Hello, I'm new to this forum.
I am not sure how to proceed with the motion for summary judgment that arrived in the mail yesterday. Citibank served me on 1/27/2011, via Zakheim and Lavrar, P.A.
I answered the summons a few days later, explaining my financial situation, and what settlement I was able to afford at the time. I heard nothing from January/2011 until this week. They sent me a motion for summary judgment and an notice of filing supporting affidavit signed by Citibank employees from July of 2011.
At this point, I am not in a position to settle with them, unless the payment plan is low and extended. In their motion, they said: "Defendant has answered the complaint. Defendant's answer fails to raise a genuine issue as to any material fact in this case."
So, do I contact Zakheim and try to negotiate something, or do I wait for the court to set a date? I do not have experience in these matters. If they grant the motion and order me to pay the balance in full, what happens then? I live in Florida, my home is homestead, I am married with five children, and am currently in Grad School working 20 hrs/week as a server at Disney. I don't have assets, just one older minivan.
Any advice, suggestions, would be taken in gratitude.