Legal Question in Civil Rights Law in Kansas

summary judgement meaning

Due to layoffs we were forced to surrender a motor home we had financed. We worked with the bank in the process and they assured us it was just a matter of taking care of the paper work. An attorney later contacted us and demanded a large settlement payment which we do not have. Now he has a summary judgement against us. What does that mean to us?


Asked on 9/12/04, 8:09 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Re: summary judgement meaning

Summary Judgment is where one party to litigation gets a judgment without having to show evidence at trial, because there is no issue for the jury or judge to decide, as to the facts.

You did not share the specifics of the summary judgment against you, so I can only speculate. Perhaps what happened was that the lender sued you. If you did not file an Answer to the Petition in time, the court assumes that you do not dispute what the lender said in their Petition, so there would be no need for a trial to decide those issues. If this or anything like this occurred to you, you need to act very quickly. Get to an attorney in your area and show them the paperwork of the summary judgment. They may be able to get it reversed or give you advice on how you might do it on your own. You should act very quickly, as your time to act is short.

Otherwise, if you do not have a judgment agaisnt you set aside or reversed, the tougher collection process will begin. They can bring you into court for what is called a Hearing In Aid. In that you will be sworn under oath, and then asked many questions about your finances, employment and property you own. This information can be used to garnish your earnings and bank accounts, and possibly have your property taken away.

Good Luck,

Tony Smith

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Answered on 9/14/04, 11:39 am


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