My question involves collection proceedings in the State of: Oklahoma
Capitol One Bank is using a law firm in Oklahoma City to try to collect a disputed CC debt. I answered (per se) their original paperwork in the allotted time (denying all points) and the summary hearing was set for today 14 Feb 12. Their attorney didn't show for the hearing and the court clerk told me they hadn't notified the court of their impending absence. When the judge asked for them and they didn't appear, I asked him if this is where I can make a motion to dismiss. He told me, pointing in the direction of the clerks office, "you can do that in the clerk's office". He then RESET the hearing for next month.
Why is it that if I don't show, they get a default judgment, but if they don't show, the judge reschedules for them and why did he do that.
My question is: Can I file a motion to dismiss with prejudice based on them not appearing and win? Do I have any recourse.
I'm also to uderstand that the law firm in OKC uses a local attorney sometimes to represent them. I also understand that he is related to the judge. Could this be the reason he rescheduled for them and do I have options if THIS is the case?
thank you in advance