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Dave Kennett
Dave Kennett, Attorney
Category: Business Law
Satisfied Customers: 27689
Experience:  25 years practicing law
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Can an individual ask the Harris County Civil Court of Texas

Resolved Question:

Can an individual ask the Harris County Civil Court of Texas for a summary judgement for a business without an attorney? If not, what is the process for an attorney to seek one?
Submitted: 5 years ago.
Category: Business Law
Expert:  Dave Kennett replied 5 years ago.
DearCustomer- If the business is a proprietorship and is owned by the individual then the individual may file on behalf of the business. If the business is a corporation then you would need an attorney to represent the business. An Attorney will know the process so I really don't have to tell another attorney how to file a motion for summary judgment. What is need is to be able to show that there are no material facts in dispute and when the case is viewed most favorably to the opposing party there is still no reason to continue to trial. I cannot prepare motions or represent clients from this website and this can be a complicated motion that requires some legal research and should be done by an attorney.
Customer: replied 5 years ago.
I have already been told by the judge that I needed an attorney for trial as it is the law, however, I sense deeply that the judge will rule in my favor since their is no material facts that contradicts our defense -- which includes proof of payment.

Thus, I am willing to chance any manner in which to get this in front of the judge as cheaply as possible -- as the their claim is for $30k and my legal expenses to date are over $56K (a long an tragic story.)
Can you give me an estimate as to what would be a reasonable price to pay for filing a motion - however weak so long as it gets in front front of the judge? Thank you -
Expert:  Dave Kennett replied 5 years ago.
If you need an attorney for trial you are going to need one for this. Attorneys typically charge by the hour and this would involve an attorney having to make an appearance in the case, not just preparing the motion since the attorney's name would have to be on the motion. I would simply be offering a wild guess as to what the cost would be but certainly it would be at least $2500-3000, especially if this ends up in a trial. It is getting rather late to be filing for summary judgment but you can try.
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