Urshan
Urshan v. Musicians' Credit Union
Opinion
Opinion
Johnson, J.
In this case we hold the trial court did not have authority to shorten the minimum notice period for hearing a motion for summary judgment in the absence of the parties’ consent. Accordingly, we reverse the summary judgment and remand for further proceedings.
FACTS AND PROCEEDINGS BELOW
In 1995 appellant, Sydney Urshan, received a loan for $30,000 from respondent Musicians’ Credit Union (Musicians). Urshan provided his 1952 classic Bentley as security for the loan. The loan agreement required 48 monthly payments of approximately $800, beginning in November 1995. In August 1997 Urshan defaulted on the loan. The loan account had an outstanding balance of over $29,000.
Urshan also had a credit card account through Musicians. When he stopped making payments Urshan’s credit card account had a balance of nearly $8,000.
Urshan did not respond to Musicians’, or its lawyers’, written demands for payment. Musicians wrote the amounts off as bad debts and in April 1999 assigned Urshan’s loan and credit card account balances to a collection agency.
In October 1999 Lori Ross, doing business as, Commercial Collection Services of America, filed suit against Urshan through counsel,…