Motion for Judgment on the Pleadings

[indebtinindiana]

My question involves collection proceedings in the State of: Indiana

Hello all, my question is about a credit card debt that I have been paying off for about 9 months now. I stopped payment on a capital one card awhile back when I was out of a job and they turned it over to a debt collector/legal firm. This attorney office contacted me with a summons to appear in July or so of last year about the credit card debt and I immediatley responded and asked what I could do. I also responded to the summons, so I would cover myself. I sent in a hand written letter saying that I was going to pay the collector and had set up arrangments out of court to do so. Well recently after almost a year I now received a letter from them stating they the filed a "Motion for judgment on the pleadings & proposed order". I was confused at first because I have been paying them consistently for 9 months and didn't know what to think. I looked around and thought this might be about the letter I sent in response to the summons to the court and to them. I also recieved in this envelope a paper that has a court date set up. I am confused on what to do now??? Please help with tips on how to go about this. I have a couple months or so before the court date, any help would be very much appreciated. Thank you all

[M'sta Mikey]

Basically, a Motion of Pleadings is asking that the courts award a summary judgement in their favor, and against you, indicating that you owe the debt.

This makes it much easier, and less costly, for them to continue to collect if you were to default (i.e. they won't need to again file suit against you for the debt and fight you in court).

[indebtinindiana]

Thank you for the reply I am still confused if I should show up to the court date set or just continue paying them monthly as normal, or stop paying them until the court decides. Well, thank you again for the clarification.

[M'sta Mikey]

DO NOT stop paying them as per your agreement. If you do, you may be found in breach of your agreement! Continue to pay and show up in court if you can but no matter the circumstance, continue to pay.

The courts ARE going to award judgement in their favor, especially since you reaffirmed the debt (i.e. made payment arrangements) and are paying on that debt. You've basically admitted that it's yours, you owe it, and will pay until the debt has been satisfied.

[indebtinindiana]

Okie doke, thanks again for all the clarification, you've been an awesome help still not sure if going to court would help or not. Prob gonna tack on court fees to it no matter what >.< oh well, thanks for all the help!!

[BOR]

Okie doke, thanks again for all the clarification, you've been an awesome help still not sure if going to court would help or not. Prob gonna tack on court fees to it no matter what >.< oh well, thanks for all the help!!

In addition to what Mikey said, here are the Indiana Rules of Civil Procedure:

Rule 12. Defenses and objections - When and how presented - By pleading or motion - Motion for judgment on the pleadings


(C) Motion for judgment on the pleadings. After the pleadings are closed but within such time as not to delay the trial, any party may move for judgment on the pleadings. If, on a motion for judgment on the pleadings, matters outside the pleadings are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 56.

(D) Preliminary determination. Whether made in a pleading or by motion, the defenses specifically enumerated (1) to (8) in subdivision (B) of this rule, and the motion for judgment on the pleadings mentioned in subdivision (C) of this rule shall, upon application of any party or by order of court, be determined before trial unless substantial justice requires the court to defer hearing until trial.


http://www.in.gov/judiciary/rules/tr...#_Toc202325644

It is a motion which states that there is no "genuine issue of material fact" to be litigated, and that what is prayed for in the complaint should be granted.

This means the facts are so relevantly clear there is not any need for further pleadings/trial.

You of course can file a Response to the Motion IF you dispute it.

[indebtinindiana]

Thanks BOR, that helped a lot, wasn't really sure what Indiana had to say about judgment on the pleadings. You really helped clear up the law, much appreciated!

[BOR]

Thanks BOR, that helped a lot, wasn't really sure what Indiana had to say about judgment on the pleadings. You really helped clear up the law, much appreciated!

You are most welcome!