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A legal explanation would be very helpful in this matter. An attorney for a debt collection case against me, filed a summary

Southport, NC |

judgement under the false pretense that I did not file an answer-which I did, and was able to reverse the default judgement. I later put a motion in to dismiss and the plaintiff never responded. When I called the clerks office about a hearing date I was told the case was marked for arbitration. So, I waited for a hearing date and instead the plaintiff's attorney filed another motion for summary judgement that has not been heard at this time. What went wrong here and are plaintiff's permitted to keep filing summary judgements?

Attorney Answers 3

Posted

If the first motion was never heard there is no issue with refiling a second motion for summary judgment. What's wrong now is that the filing of the summary judgment motion by opposing counsel obligates you to come forward with an affidavit specifying particular material facts that you in good faith believe are contested in the case. If you do not do this within the deadline in that court, the court will determine that there are no genuine issues of material fact and judgment will issue against you.

Arbitration may or may not be your friend here in that an arbitrator can issue an arbitration order that most courts will uphold the majority of the time with very rare exceptions. Mediation allows more flexibility, in that a good mediator stimulates both sides to look realistically at their positions, and the parties can always "walk away" in that there is no obligation.

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Posted

You can argue the motion to dismiss to the arbitrator. Based on the procedural history as you state it, it seems like a motion for summary judgement is permitted to be filed.

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Posted

I am confused here. If there is a binding arbitration clause in the agreement, then you might be out of luck. No one can advise you on this without looking at the Motions and seeing what the other side is arguing. Also, this is based on state law and needs an NC attorney, which neither of the other two are (I am not either).

Talk to a local consumer law attorney for help. Time is your enemy here and this forum is not the proper place to get the advice that you need.

Mr. Goldstein is a Virginia-licensed attorney only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Mitchell Goldstein or the Goldstein Law Group does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.

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