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Alexia Esq.
Alexia Esq., Managing Attorney
Category: Legal
Satisfied Customers: 13285
Experience:  19 Years of Legal Practice Experience in this precise field.
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I need a ***** ***** leading case information on when

Customer Question

Customer: I'm Koudouss. I need a ***** ***** leading case information on when Summary Judgment is not appropriate ( credit card lawsuit case ). thanks for your help.
JA: Thanks. Can you give me any more details about your issue?
Customer: I need to cross motion to summary judgment in credit card lawsuit case - original creditor
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Submitted: 12 months ago.
Category: Legal
Expert:  Alexia Esq. replied 12 months ago.

Hi, summary judgement, created by statute actually. I have never seen a published case use valuable time and energy giving a million pages to teach readers when NOT to try to use a motion for SJ. That is not what case law does, it is not its job. Rather, each case that involves an SJ issue, discusses the particulars of THAT request and THOSE facts - as each is very specific to the facts of that case.

That said, we could discuss here YOUR facts and whether or not the ones you pose, would be suitable for an SJ motion by one or more parties. And I can speak of the when one would file for SJ, if their facts/situation fits.

So, let me know if you would like me to do that, or, if you prefer, I can opt out and invite others to chime in if they have something useful for you.

Thanks!

Stephanie Joy

PS i will be retiring for the evening shortly, but can discuss more in the a.m. if you wish.

Customer: replied 12 months ago.
i need to cross motion to summary judgment in credit card lawsuit ( state of Georgia ).
Customer: replied 12 months ago.
I need any Georgia leading case information on when plaintiff's summary judgment is denied
Customer: replied 12 months ago.
are you there?
Expert:  Alexia Esq. replied 12 months ago.

OK, you are likely NOT going to find that, since as I noted above, case law does not work that way generally. There CAN be a needle in a haystack, but research generally costs hundreds of dollars per hour or afternoon, AND you need to have a subscription to the narrow legal research area involved. If you can produce the above, you can likely get someone to look for that needle, since you are not able to further define exactly what you are trying to find supportive case law of (what position/details). If you think you can produce both the retainer for the above work and the subscription to viable legal publisher for case law, I can likely do the looking for your, as a researcher rather than lawyer. I would provide you an 'additional services' button and then you'd have to pick your level of time you want to spend, which would be separately charged. I realize this type of work is extremely expensive, but certainly can be had, and I understand if that is not something you can or want to do. But let me know.

Customer: replied 12 months ago.
I'm defendant in this case and I'm preparing my cross motion to plaintiff's summary judgment. So some case(s) I could illustrate in my cross motion about material facts. I have found some but none from my state, Georgia. That's what I need help for. By doing research online i saw that you had provided on this website similar case in state of Florida. Do you know any for Georgia?
Expert:  Alexia Esq. replied 12 months ago.

No, I don't. What is your basis for a motion for SJ? Is there a reason you think case law is needed to show your facts fit your SJ statute section? You don't necessarily need a case "on point" (also called "on all 4s"), and "on point" is not always in existence, because life does not typically provide exact evidentiary fact patters for people walking the walk of life. But for SJ, often you don't need case law.

Are you doing an "Opposition" to plaintiff's Motion for SJ, I hope? And is the defendent's M for SH one that will result liability to you and end of case?

Customer: replied 12 months ago.
I'm doing opposition to SJ in credit card lawsuit
Customer: replied 12 months ago.
when in opposition to SJ, you are showing that there are material facts, you don't necessarily need to quote a case in State that had the same pattern?
Expert:  Alexia Esq. replied 12 months ago.

Often movants will use the statute they are saying applies (the SJ statute), and the "seminal" case that best describes that statute. You must typically show that there are no material facts IN DISPUTE pertaining to the issue you want the judge to rule SJ on. For instance, if you are sued on a credit card #***** yet the discovery provided by the plaintiff actually shows that John Doe is the account holder, not you, you could file for SJ on that issue, describe why, refer to "attachment A" which shows the statement of account provided by the plaintiff in his provision of discovery to you and explain that the defendent himself, in his discovery, does not dispute that John Doe is listed on the statement of account, not you and as such SJ the fact that you were not the account holder... and, for a dismissal based on the fact that there is no evidence that you are in default of any such credit card. Now, you didn't provide those pertinent undisputed facts and the issue to which they'd pertain, so I am using this obvious example. But, that is how SJ works. Basically, it says, there is NO disputed facts on issue X that the jury (or factfinder, if a judge and not a jury) needs to decide, since the evidence (not the claim, but the evidence) from all parties fails to support plaintiff's alleged fact. Not a "scintilla" of evidence from Def. that he can present to jury to show the his fact is true and your denial is not.

Now, when you are OPPOSING his SJ, you WANT to show that there is evidence in dispute of what he is claiming there is not. So point out that evidence that was provided in discovery (generally SJ motions must be heard AFTER discovery takes place), attach a copy of the document that disputes what he says, etc. Once there is "genuine" dispute, THEN SJ is defeated and the case continues on to the jury.

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