Motion for Summary Judgment
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Many consumers end up with a judgment against them after a Motion for Summary Judgment. A summary judgment occurs when the Court believes there is no issue of material fact for a case to go to trial. Thus, one side should win by summary judgment.
Motion and Response
In a collection case, the Plaintiff usually files a Motion for Summary Judgment. The Defendant must respond in writing and create a fact issue for the Court in order for the matter to go to trial. Often, the consumer does not respond adequately to the motion. The response to the Motion must be filed at least 7 days prior to any hearing. The Response should contain an affidavit specifically creating a fact issue in the case.
Creating a Fact Issue
The central goal in a motion for Summary Judgment response is to create a fact issue. Often attaching an affidavit testifying to certain facts does this. However, the judge is the final decision maker regarding whether or not a fact issue has been created. The Plaintiffs evidence may also be lacking and incomplete. Your response to the motion must address the weaknesses in the Plaintiffs evidence.
Hearing or Submission
Many summary judgment motions are heard by submission. This means that there is no oral hearing. Many consumers do not realize this is possible until it’s too late. If you want an oral hearing, it must be required in writing by you.
If you find out that a creditor has filed a Motion for Summary Judgment in your debt claim lawsuit, contact us. We will file a response on your behalf and make sure that the Court does not enter a Summary Judgment against you.