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

UPDATED: Jun 27, 2012

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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