Legal Question in Civil Litigation in Maine

Re: I need to file opposition to a motion for judgement

You should call the court and determine when the credit card company filed with the court its motion for summary judgment. Within 21 days therefrom, you must file with the court your opposition motion, memorandum and any supporting affidavits and documents � or else the court can automatically grant the motion against you.

To the extent that interest and costs were provided for by the written agreement underlying the debt, the credit card company should be able to claim those items. If not, the credit card company could still claim certain interest and costs provided for by statute.

Your credit card may qualify as an open account under 14 M.R.S.A. 852, whereby the statute of limitations period may have started to run at the time of the last payment. If so, and if your last payment was less than 6 years before the credit card company filed its complaint in court, you may have no defense that the complaint is too late.

Assuming judgment is entered against you but you don�t pay the judgment amount, the credit card company can bring a different suit against you to determine your ability to pay and to seek an order for installment payments or sale of non-exempt assets. To the extent you lack those items, you should be able to avoid any such payment order until your circumstances change.

Because you have no money to hire an attorney in this matter, you should contact Pine Tree Legal Assistance at www.ptla.org to inquire whether they can represent you or refer you to another assistance program.