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LegalKnowledge
LegalKnowledge, Attorney
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Ive been served a Motion for Summary Judgment in a credit

Resolved Question:

I've been served a Motion for Summary Judgment in a credit card debt case. The Plaintiff is an junk debt buyer and not the original creditor. I'd like to file a Motion for Extension to Time to reply to Plaintiff's Motion for Summary Judgment so that I can retain an attorney. I've been fighting this lawsuit Pro Se and have filed my own Answer, Affirmative Defenses and Interrogatories. Is there a sample Motion I can use in a civil court?
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.


Good morning. I certainly understand the situation and your concern. I have provided for you below, a link that contains a sample motion. I'm sure you are in a different county, so you would just need to change the styling of the case and fill in the rest. You do need to show good cause, file the original with the clerk of court and then send a copy to all parties and the Judge. It also may be a hearing that needs to be set, so you should contact the judicial assistant of the Judge and ask her, about the procedure for the Judge, assuming opposing counsel will not agree. You also want to make sure if you respond to the motion for summary judgment, that the rules are followed, as found in 1.510 http://floridacivpro.com/rules/1-510-summary-judgment/

http://www.alachuaclerk.org/forms/MotionForContinuanceG.pdf

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Customer: replied 1 year ago.

Is it absolutely necessary to contact the opposing counsel for this motion? I'd rather not deal with them if I don't have to. Thanks.

Expert:  LegalKnowledge replied 1 year ago.
Yes, you should reach out, to see if they would enter into an agreed order, which would prevent you from having to file the motion and they may be inclined to just cancel and reset the hearing, for a later time. Moreover, some counties and Judges require all parties to make a good faith effort to resolve matters like this, before filing the motion with the court.
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 15922
Experience: 7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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