Hello and thank you for your question today.
I am a consumer law attorney that has handled over a thousand of these debt collection cases.
You can file a motion for summary judgment, but not based on obstruction of justice. Your grounds would be that the plaintiff does not have enough evidence to prove their case and therefore it should be dismissed.
Obstruction of Justice is not a "CIVIL" matter. Obstruction of Justice really only applies to criminal matters.
In a civil case both side have an opportunity to present their case to the court and the judge or jury will determine the issues of fact.
I disagree. In my readings it also applies to civil actions. However in presentin it in a motion, what kind of dismissal do I ask for.
Then it would be a Motion to Dismiss not a Motion for Summary Judgment.
A Motion for summary judgment is based on the evidence or lack thereof that the plaintiff has.
A motion to dismiss is what you would need to file
Can I file a motion to dismiss because of a charge of obstruction of justice.
You can file the motion, I don't know if the judge will agree with you or not. I do not know enough details about your case.
If the other attorney is not being honest or is intentionally misrepresenting things to the court that could be grounds for sanctions.
If the judge does not agree then I would hope he does not grant the plaintiff's summary judgment and we would go to trial I guess.
In other words, I hope I would lose nothing by filing the motion. If I am looking for dismissal why would I care about the sanctions
aside from possibly going after him financially.
I mentioned sanctions because that is a more likely outcome then the judge dismissing the case. To get past a summary judgment all you need to do is provide at least a scintilla of evidence that you do not owe the debt. It is not hard to get past a motion for summary judgment.
The more of a pain you are to the other attorney the more likely they will just go away.
I filed a reply with citations. This thing has been to and from for the last year after the Plaintiff's attorney took 3 years to respond to my interrogatories. I did'nt being laches into it because I did not believe I owed him the money and I wanted final dismissal.
Oh and by the way. this attorney has put a ton of work into this and still continues. Thank you for the answer. I will give you top rating/
Thank you and good luck!
I am readying a motion to dismiss. The plaintiff's attorney endeavored to obstruct the course of justice by withholding a piece of evidence in his most recent filing which was sent to me previously by his colleague of the same firm.
My question is: how do I title the action? Is it Motion to Dismiss due to spoliation of evidence or Motion to Dismiss due to obstruction of justice, or both.
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