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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 23119
Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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How do I respond to a Motion of Summary Judgement? I am being

Customer Question

How do I respond to a Motion of Summary Judgement? I am being sued by a credit card.
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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Are you disputing that the debt is yours?
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Or do you agree that you owe the debt?
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Did you file an "Answer" to the initial summons and complaint when you received it?
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Thanks
Barrister
Customer: replied 1 year ago.


I respond, and did all on my own without legal advice. So I guest my answers could have been seen as disputing. I did not write that i agree with the complaints mentioned. The on the summary is "the defendant has denied liability on the account and disputes the proper balanced owed." What should I do with this? I am quite nervous over this.

Customer: replied 1 year ago.


Yes I reponded and guest I disputed it.


 


However, I do owe the debt. Answered on my own.


 


 


I did file an answer to the initial summons.

Expert:  Barrister replied 1 year ago.
When a creditor files a Motion for Summary Judgment, they are asking the judge to essentially give them a default judgment because there is no genuine dispute over whether you owe the money or not.
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In filing an "answer" to the complaint they filed, you would have to go through and address each numbered allegation them made and either admit, deny, or say you can't admit or deny it. So if you didn't file a proper answer to the complaint, then they might be able to get a summary judgment against you for the debt.
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You can appear in court on the date the motion is set for and orally argue why the creditor shouldn't be given a judgment against you. But the truth of it is that is you actually owe the debt and the account is yours, then they will eventually get a judgment against you. If it is your debt, then by fighting it, you will actually be increasing it due to the addition of lawyer's fees in collecting on it.
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If they eventually get a judgment against you about the only way out of it other than paying would be to file bankruptcy to discharge the debt.

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Thanks.

Barrister

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Please don't forget to rate my service "OK" or higher. It is only then that I receive credit for my work.

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.


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Barrister, Attorney
Category: Legal
Satisfied Customers: 23119
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
Barrister and 13 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


Since they are sending me Motion for summary judgement saying I am disputing their suet. Will it be OK now to say "I agree" to the paragraphs on this one?

Expert:  Barrister replied 1 year ago.
Well, if you decide to just not respond to the motion, they will then get a default judgment and then can pursue collection efforts. To be honest, if you aren't disputing the debt is yours, it will be cheaper in the long run because they won't have to add in any attorney fees that would be incurred in actually having a trial on the case.
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At this point, reducing any eventual judgment would likely be your best course of action as that will reduce the amount that you will have to repay.
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Thanks.

Barrister

.

Please don't forget to rate my service "OK" or higher. It is only then that I receive credit for my work.

.

If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 1 year ago.

How do I answer the Memorandom In SUpport of Plaintiff's Motion fot SUmmary Judgemt? which was send when they say I disputed their claim on the first summary of judgement. Can I just say "Admit" and be done with it to their paragraphs?

Expert:  Barrister replied 1 year ago.
If you are going to admit, then you don't even need to file a response or do anything. They will just then get a judgment a little sooner than if you filed your response and contested it.
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The memorandum is just their arguments to the judge as to why they should get a summary judgment. If you aren't disputing it, you don't have to file anything.
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Thanks
Barrister

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