If I was served with summons having no court date but I responded, can they get a summary judgement without notifying me?

UPDATED: Apr 14, 2011

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If I was served with summons having no court date but I responded, can they get a summary judgement without notifying me?

We were in the process of moving to another county, still within NV, when I was served. How can I ask for a change of venue? I am disabled and I do not drive. Our only income is SS and we do not own property. This for a credit card debt.

Asked on April 14, 2011 under Bankruptcy Law, Nevada


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I assume that you filed an answer to the complaint(lawsuit attached to the summons) when you said you responded to the summons.

You would have to be notified of a motion for summary judgment by being served with it and you would have an opportunity to file opposition to the motion for summary judgment.

An alternative to filing a change of venue might be to contact the judge's court clerk and ask if your court appearances can be by telephone.  Many judges will allow an appearance by telephone instead of being physically present in the courtroom if you have to travel a significant distance.

As for filing a change of venue, at the law library look in the index of Pleading and Practice.  Look for motion for change of venue.  That will give you the basic format and some sample motions.  When filing a motion, you will need to attach a memorandum of points and authorities (legal precedents such as cases, statutes, etc. supporting the motion for a change of venue).  Look for a book called Points and Authorities at the law library.  Look in the index and/ or table of contents for supporting a motion for a change of venue.  This will give you the information you need for the memorandum  of points and authorities.  File your motion for a change of venue and the memorandum of points and authorities with a proof of service with the court.  Mail a copy to the opposing counsel.  The proof of service just verifies the date of mailing.  You can either use a court form proof of service or you can write your own.  If you write your own, it just says that you are over 18 and the attached documents were sent via first class mail unless specified otherwise to _______  (name and address of opposing counsel) on _______ (date).  You sign under penalty of perjury and date it.  The date you sign should be the same as the date of mailing and the same date you file it with the court.

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