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Question

I received a motion docket in the mail yesterday. It is a Motion for Summary Judgement/Brief in Support. The court date is this Friday march 13th. I do not know what to do. Please help.

Submitted: 259 days and 17 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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Optional Information

duncan, Oklahoma

Already Tried:
I just received the notice yesterday so the only thing I have done is look online. Haven't gotten any good information.
thanks
helen

Posted by Jack R. 259 days and 17 hours ago.

Answer

You need to show up to the hearing. A summary judgment hearing is where a judge will consider the motion for summary judgment. This motion basically says there are no questions about facts, and as a result the court can decide to termiate the case early in favor of the proponent of the motion.

You will be given an opportunity to respond either to support the motion, or ask it be denied. If you are opposing the motion you need to identify some material fact(s) that could affect the outcome of a trial.

If this answer was helpful please press ACCEPT so I may be paid.

Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.

259 days and 17 hours ago.

Reply

Thank you!!

Now that leads to of course more questions. The petition was filed to collect an old credit card debt. I am aware of the debt & would pay it but did not receive a satisfactory response to my debt validation request. I am not satisfied that the agency that is supposedly representing the credit card company is legally able to do so. They have not provded me the original credit card number, debt amount & have not explained how they came to have the debt. Do I need to bring this up when I go to the hearing? What paperwork will I need to bring with me? Will there be another hearing & if so what will the purpose of that be?

Posted by Jack R. 259 days and 16 hours ago.

Answer

You need to bring with you evidence that disputes some aspect of the claims made in the motion itself. Whatever you sent in to dispute the debt you should bring with you. If the judge finds in favor of the summarey judgment there will be no more hearings, unless you appeal.

If this answer was helpful please press <b>ACCEPT</b> so I may be paid.

Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.

259 days and 16 hours ago.

Reply

Thanks again!!

I'm have not actually received anything that tells me what the motion itself truly is. Should I have received something in writing explaining it? I know what it is but the only thing(s) I have received have been a Summons, last June, 1 settlement letter & the attempt at debt valadation.

Since I do know I owe the debt and am not trying to not pay it, just want to be sure that 'agency" that is trying to collect has the authority to do so would there be any reason for me to appeal?

Thanks

helen

Accepted Answer

no, if you owe the money and don't dispue the motion no reason at all.

If this answer was helpful please press ACCEPT so I may be paid.

Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.

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Expert: Jack R.
Pos. Feedback: 99.5 %
Accepts: 
Answered: 3/8/2009

Attorney

OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.

259 days and 16 hours ago.

Reply

Thank you so much!!! I feel much better about the whole process now. Feel like I should change my logon name to notsoscaredthankstoJackR1961!!

Thanks again!! You have been not only a great help but a calming influence!!

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