Expert: Apex Credit Services, LLC - 1/8/2008

Question
QUESTION: I was served (a summons was placed on my doorstep) in December 06.  I fax'd a letter to them requesting copies of the "alleged" charges.  I never heard anything back until 12/24/07, I was sent a notice for a summary judgement hearing.  My question is how long after a summons is "served" do they have to act.  Unortunately, as it appeared they were going to drop it, I through away all the original correspondence so I have no proof that I responded.

ANSWER: June:

   It is your affirmative duty to respond to a summons with a responsive pleading or dispositive motion.  You must file this with the Clerk of the Court which issued the summons as well as the Plaintiff's attorney (if they are not pro se).  In most jurisdictions, you must respond to the Summons in 20 to 30 or default judgment may be taken against you.  This appears to be what is being moved for now.  You should make an appearance with respect to that notice.  You likely will not be able to contest liability at this juncture but, at least you should be able to contest damages.

    In short, faxing a letter to counsel or the Plaintiff's themself isn't sufficient.  Thus, even if you had a copy of this it would be largely irrelevant.

         Apex Credit Services, LLC

---------- FOLLOW-UP ----------

QUESTION: thanks for the info but do they have the right to "serve" me and then file for a summary judgement a YEAR after I was served???!!!

Answer
June:

   Unfortunately, yes insofar as it is your duty to move the court for failure to prosecute.  Absent you doing so, the action will stay on the docket until another motion is presented.  This appears to have been done via their motion for summary judgement.

   One question however, is this a Motion for Summary Judgment or a Motion for Default Judgment?  Please advise and I can offer a little more insight on what should be done next.

         Apex Credit Services, LLC