Q: can a credit card lawyer file a motion of default judgement against me 20 days before my court date ?
I was sued by a credit card and i did every correctly. My date to appear was Dec 5 2024 they filed a motion of default judgement against me in Nov 11 2024 which i was unaware of. i appeared in court and they were only on the phone i guess seeing if i appeared. they asked for a continuance. i guess they thought i wouldnt show up in court and filed the default early. is this legal? was this improper filing? what should i do before the next court date?
A: If you have not done so already, you should file a written answer to the company's petition in the court. If you contend you have made any payments not reflected in the petition, you are required to affirmatively plead payment stating the date, amount, and method of payment. Otherwise, you will not be able to raise payment at trial. If you have any affirmative defenses, you must also raise them in your pleading or you will not be able to raise them at trial.
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