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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33802
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I have to respond to a Summary Judgement i would like to ask

Customer Question

i have to respond to a Summary Judgement i would like to ask the for dismissal or to vacate of the judgement...can i do this if i have been deemed
"Judgement Proof" i live in Ky
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
how would i submit to the court
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Are you saying that you have already had a judgment entered against you in a case for money damages?

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Or that the plaintiff is just asking for a summary judgment against you?

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Did you defend against the case or was it a default judgment?

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What are your grounds that you think the judgment should be vacated/ case dismissed?.

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thanks

Barrister

Customer: replied 1 year ago.
no the judgement has not been entered. i had to appear in court because the plaintiff filed a "motion of summary judgement
this was on the 28th ..the judge gave me 20 days to respond...i was told to not respond and that the judgement would go into default.. i truly cannot afford to pay because my only source of income is disability that my income would not be effected and i just didn't want the judgement on against my credit report
August
Expert:  Barrister replied 1 year ago.

Ok, if you don't have a legal defense to the lawsuit, then to be honest, fighting them will only increase the legal fees that are awarded against you and ultimately entered into any judgment. If they get a default judgment, then they aren't paying their attorney to fight the entire case and add several thousand more onto any eventual judgment.

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But if you have no assets and your income is from disability, then they won't be able to collect on the judgment regardless.

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However, you can fight them if you want to and file an "Opposition to Summary Judgment" and set out all the legal reasons why you don't think a judgment should be entered. But you have to have legal arguments, not ones like it is not fair, as that is an equitable argument, not a legal one..

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thanks

Barrister