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  1. #1
    Join Date
    Jun 2009
    Posts
    19

    Default Responding to a Motion for Summary Judgement

    This is in the State of Washington

    Back in 2005 I signed up for some online classes at a local University. I never attended the classes and thought that I had called to withdraw (I have no proof and honestly my memory is horrible). A few months later I got a bill from the school for the classes and called them to find out what was up. I was told that I never withdrew and owed the full tuition for the classes (like 2500)-money I did not have. I started to pay what I could, which was like $25 a month and continued to pay this even after it was sent to collections.

    In 2007 the collection agency wrote me a letter saying basically my payments were not good enough, so I stopped paying all together. Fast forward to April; I was served papers saying that they were suing me for the balance, plus interest. I went to a free legal clinic here and they helped me draw up an answer to the summons. Shortly thereafter I got a letter from the lawyer saying that they would be willing to consider offers for a lesser amount or willing to set up a payment plan. I called them and offered $1200. They told me that they would present that to their client (the collection agency) and that they would either accept or counter offer.

    Today I received a letter saying that my offer was not accepted and that their client wanted all of the money, plus interest, plus legal fees. Also that I had until August 10 ( a whopping 11 days) to pay or they would proceed with a Motion for Summary Judgement. I am baffled why they asked for an offer at all, but whatever.

    I do not think that I will have adequate time to get back into the free legal clinic as it takes some time to set up appointments with them, so I am hoping that you can help. From what I have read on the internet it appears a summary judgement is a big "screw you" and doesn't allow me any opportunity to defend my case. Is there something I can do at this point besides paying this in full (which I cannot do)? Will I have the opportunity to respond or answer to this motion? If the court does issue a summary judgement, do I just owe it all? Can I appeal or something? How sure is it that they would get a summary judgement versus this going to court? Any advice you could give would be greatly appreciated.

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