How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LegalKnowledge Your Own Question
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 23967
Experience:  9+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
9540344
Type Your Legal Question Here...
LegalKnowledge is online now
A new question is answered every 9 seconds

Ive been served a Motion for Summary Judgment in a credit

This answer was rated:

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?
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

Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Customer: replied 3 years 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.

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 and 3 other Legal Specialists are ready to help you

Related Legal Questions