How to answer a motion for summary judgment?

Question

How to answer a motion for summary judgment?

Answer 1

A summary judgment is usually a cheap shot taken by some ****** attorney that is fighting a pro per defendant.  He's counting on you not being able to respond.

The basis of the summary judgment is that there is no material issue of FACT to try, so as a matter of LAW the Plaintiff is entitled to judgment.

To combat this, you need to RAISE an issue of fact.

The good part is you don't have to prove the fact, just raise it.

If its a credit card debt, and the Plaintiff has not supplied the original credit application for example, then you can raise the issue that there is no written agreement.

The judge can only FIND that there is or isn't an written agreement at a trial, not on summary judgment, therefore the summary judgment will be overruled, and a trial will be set.

Of course if you pull this off, you may want to settle, because the attorney will be pretty ticked off by that point, and he will eventually find the agreement.

Good luck.

Answer 2

Hire any attorney.  You need to show that your case has legal merit even if all of the facts you alleged in your complaint are accepted as true.  It requires legal research, I would think.

Answer 3

This is something that you really need to hire an attorney to do....I'm guessing that you have some sleazy, bottom-feeder collection agency after you for debt that's probably outside the statute of limitations. They are increasingly using the court system to collect on old debt. They are counting on people not responding and/or not showing up which means default judgement.

If you can't afford an attorney, contact your local Red Cross for free legal aide in your area and see if they help. If you are poor and you live in a city with a law school, see if a student or teacher would help you out...In both cases, the worst thing that can happen is they'll say "no."