What should I do next?

Submitted by jluker70 on Wed, 08/04/2010 - 19:30
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In 2007 we purchased a home water conditioning system and it was financed. Two months after we purchased this we suffered loss of income due to my husband changing jobs. I spoke with the company where it was financed and explained our situation, however they were not understanding at all and wouldnt refinance and lower our payments. Anyway 2 years later I get a letter from an attorney and they are suing us, I contacted the attorney and tried to settle out of court , once again I was told they could not accept the amount I would be able to pay monthly , however they didnt send back the money I had sent them. In January I received a complaint from the court that had to be answered, and so I answered within the alotted time , I also spoke with the attorneys office that was suing me and requested documentation for proof of the debt. I never heard anything else from them or from the court , until a month ago when I received a Notice of Court Action with a court date , which was 8/3/2010. Then about 2 weeks later I receive another Notice of Court Action along with a Motion for summary judgement, this hearing was set fot 10/5/2010. So doing what I think is right , I show up for court yesterday and the judge informs me after sitting through 2 hours of other peoples cases that my case was not on the docket. I showed him the papers I had received that stated I was very well supposed to be there yesterday and at that time he addresses the room and asks if anyone is there representing the plantiff. Nobody comes fourth and he turned to my husband and myself and askef if we had any objection to the case being dismissed? Of course our answer was no, so he dismissed the case. Here is where I am confused on what to do , since the case was dismissed do I still need to show up for the 10/10 date? The paper I received for it shows the same case number that we appeared on yesterday and the judge dismissed.

Hi jluker,

Welcome to this community :)

Here is where I am confused on what to do , since the case was dismissed do I still need to show up for the 10/10 date?

I think you should have asked the judge about this. You can still consult an attorney about this.

Thanks,

Aaron

Thu, 08/05/2010 - 06:45 Permalink

I also imagine you could call and ask the courthouse. Just remember if you do live near the courthouse you may be best to appear there anyway because if it does continue on and you do not appear they could get a default verdict. this means they can get a judgement against you since you do not show.

Thu, 08/05/2010 - 18:27 Permalink