Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
Hi, my name is ***** ***** I look forward to helping you, please give me a moment to review and possibly research answers to your question.
I am sorry to say that there is no deadline for filing a motion for summary judgment, only for filing the initial complaint.
You need to file a Response to Motion for Summary Judgment. What is the basis of the allegations? That you purchased luxury goods within 70 days of filing?
Only half is answered because I am trying to get more information so I can give you better answers.
Hold on, are you in a bankruptcy? The category says bankruptcy law so I assumed you meant a lawsuit by the bank inside your bankruptcy. Is this just a standard collection civil suit not in bankruptcy?
Ok, now I understand.
If you made the charges to the card you will not have any defense and filing a response to the motion or summary judgment will delay the inevitable entry of the judgment. The hardships will not be a successful legal defense unfortunately.
Responding to a motion for summary judgment is not a simple document. If you still want to go that route, I can point you to some samples online. Please let me know.
Alright. Please tell me which county court this is in as well so I can point you to the rule you need to be aware of.
I will send in pieces. There are local rules, here is the link, see rule 1028(c) and 1035.2(a):
Is it the Court of Common Pleas?
No, it isn't, thanks for that. Too many Delawares. Let me try again.
It is hard to find a good source online for the New York State civil rules. I have found one though and here is a link to the summary judgment rule:
That is one page with the one summary judgment rule. I am referring to all parts of Rule 3212. Working on a template.
Here is an example for you.
It even includes all the law you need regarding the standard for summary judgment and when it must be denied. It also shows how to cite to the record using the ( ).
Alright, well I gave you that rule to have background. There is no rule just regarding responding. I think that sample I sent you might answer some of your questions. Here is the only part of the rule that relates to responding:
"Except as provided in subdivision (c) of this rule the motion shall be denied if any party shall show facts sufficient to require a trial of any issue of fact. "
That is in Rule 3212(b).
So all you have to do is show what facts are not true that they allege are in support of summary judgment.
Just pages 1 and 2. Then on page 2 where it says "1. The defendant's entire motion...." in bold is where you put in your arguments.
Does that answer your question?
Yes, you type up pages 1 and 2 as is using all the law provided in the sample and of course substitution your name and the other party's name where appropriate. Don't add to that sentence, replace the entire bolded heading with whatever your argument is.
For the facts in what you describe you might say something like "Plaintiff fails to provide a full accounting for the damages sought and Defendant disputes the amount sought." Something like that. Then you include an affidavit stating that you do not think the amount is correct.
In light of your last sentence, I suggest you file a motion requesting an extension to respond to the summary judgment motion then stating that you need to retain counsel.
Well, yes but not in a letter to the Court. In a "Motion to Extend Time to Respond to Motion for Summary Judgment In Order to Retain Counsel" and then state the reasons.
Just put the caption and the title as I stated above. There is no rule or specific form.
Correct, literally just a few sentences with the caption and Motion name like in the sample I provided and using the name of the motion in the " " that I provided a few messages back....then just a couple sentences stating you need to retain counsel. It is simple and common, you won't have a problem with it...the court will understand.
Yes that is correct. The caption is the top part that states the court and the plaintiff and defendant and case number.
Please kindly rate the question so I may be credited. Thank you. You can still ask follow-up questions.
The last message that I see is May 10, 2017 at 1:06PM before the one you just sent.