i have a court date for 10/10/08 for a credit card debt past the SOL 10 years old. answered my complaint denying the claim. i just got a copy from the court a Motion of Default cc me from the plaintiff. What is a motion for default, when i answered a complaint denying the claim?I don't know if you included the affirmative defense of SOL or other defenses in with your answer, if you filed your answer in a timely manner, if you used your Rules of Civil Procedure (RCP) when writing up your answer, if their motion was a Motion For Default Judgment, Alternatively, Motion For Summary Judgment (or similarly worded)........
You would need to file an opposition/objection response to their motion and do it according to, and within the time allowed by, your RCP
You would need to include your affirmative defense(s) that you claimed in your answer.
You should also include the states SOL statutes, date of default (if you have proof), case law to prove your defenses. (case law goes far in proving a point, if you can find a case that was dismissed "because of SOL" it would be to your benefit)
Without knowing more that is about all I can post.
You might click on my profile and click on the last link I have listed to a FREE credit discussion board. You will be able to find examples of how others have written up their oppositions, etc. What is a motion for default, when i answered a complaint denying the claim?The plaintiff is seeking a default judgement against you because either proper service was not accomplished, you did not respond correctly or in a timely manner, or you did not appear at the original proceeding. You should immediately file a response to the court challenging the motion and request an emergency hearing in front of the judge. For whatever reason, the company is trying to pull a fast move. You should file a motion requesting dismissal of the proceeding and show the law where it states this is past the statute of limitations. Furthermore, you should request the court sanction the plaintiff for frivolous filing of suit..
E-mail me if you like and let's discuss.
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