Author Topic: Motion for Summary Judgment  (Read 733 times)

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jdeloy

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Motion for Summary Judgment
« on: July 12, 2012 10:51:11 PM »
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.

kevinmanheim

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Re: Motion for Summary Judgment
« Reply #1 on: July 13, 2012 10:58:30 AM »
The answer you provided to the court was an admission that you owe the money.

Telling the court that you cannot pay is not a defense.

Imagine if you were arrested for stealing a car. If you went to court and denied stealing it, the prosecutor would need to prove you did it with evidence, witnesses, etc. The prosecutor might not be able to prove that you stole it, and you wouldn't go to jail.

If you admitted to the judge that you stole the car, but you did so because you needed to get to an important meeting, the judge would still put you in jail. By admitting you stole the car, you saved the prosecutor the effort of proving you stole it.

A similar thing is happening in your Citibank lawsuit. Citibank accused you of not paying your debt. You have told the court that you owe the money, but that there is a good reason for not paying it back as agreed.

The court doesn't care if you had a good reason. All they care about is that you owed it, and that that you didn't pay it back.

By filing the summary judgment, Citibank is telling the court that you have not raised a defense to the lawsuit, and that the court should grant Citi a judgment against you.

Most likely, the court will grant the summary judgment. After obtaining the judgment, Citibank could do any number of things, including garnishing your wages or emptying your bank account. If you own your home, the judgment will be a lien against the home. 

If and when Citibank does these things will depend on FL law.

There are only two ways to stop or delay the judgment at this point --

1. File a Motion to Compel arbitration. Read the arbitration section of this forum.

2. File bankruptcy.

If you don't do one of those two things, Citibank will be granted a judgment against you in the near future.