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HCLegal
HCLegal, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 423
Experience:  I have won over 1500 Debt Lawsuits, saving my clients over $12,000,000.
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I am a pro se defendant in a debt case that has been going

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I am a pro se defendant in a debt case that has been going on since 2007. Discovery has been completed and my last filing was an answer to the plaintiff's reply affirmation relating to his motion to Grant Summary Judgment for the Plaintiff. In the answer in addition to answering the allegations, I accused the Plaintiff's attorney of obstruction of justice.
He willfully excluded a piece of evidence in the filing that was sent previosly to me and the Judge.

The Judge will rule of the Summary Judgment on October 4. My question is: Can I legally file my own motion to Grant Summary Judgment to me, the Defendant, based on the obstruction charge? And is it advisable?

HCLegal :

Hello and thank you for your question today.


 


I am a consumer law attorney that has handled over a thousand of these debt collection cases.

HCLegal :

You can file a motion for summary judgment, but not based on obstruction of justice. Your grounds would be that the plaintiff does not have enough evidence to prove their case and therefore it should be dismissed.

HCLegal :

Obstruction of Justice is not a "CIVIL" matter. Obstruction of Justice really only applies to criminal matters.

HCLegal :

In a civil case both side have an opportunity to present their case to the court and the judge or jury will determine the issues of fact.

Customer:

I disagree. In my readings it also applies to civil actions. However in presentin it in a motion, what kind of dismissal do I ask for.

HCLegal :

Then it would be a Motion to Dismiss not a Motion for Summary Judgment.

HCLegal :

A Motion for summary judgment is based on the evidence or lack thereof that the plaintiff has.

HCLegal :

A motion to dismiss is what you would need to file

Customer:

Can I file a motion to dismiss because of a charge of obstruction of justice.

HCLegal :

You can file the motion, I don't know if the judge will agree with you or not. I do not know enough details about your case.

HCLegal :

If the other attorney is not being honest or is intentionally misrepresenting things to the court that could be grounds for sanctions.

Customer:

If the judge does not agree then I would hope he does not grant the plaintiff's summary judgment and we would go to trial I guess.


In other words, I hope I would lose nothing by filing the motion. If I am looking for dismissal why would I care about the sanctions


aside from possibly going after him financially.

HCLegal :

I mentioned sanctions because that is a more likely outcome then the judge dismissing the case. To get past a summary judgment all you need to do is provide at least a scintilla of evidence that you do not owe the debt. It is not hard to get past a motion for summary judgment.

HCLegal :

The more of a pain you are to the other attorney the more likely they will just go away.

Customer:

I filed a reply with citations. This thing has been to and from for the last year after the Plaintiff's attorney took 3 years to respond to my interrogatories. I did'nt being laches into it because I did not believe I owed him the money and I wanted final dismissal.


Oh and by the way. this attorney has put a ton of work into this and still continues. Thank you for the answer. I will give you top rating/

HCLegal :

Thank you and good luck!

HCLegal and other Consumer Protection Law Specialists are ready to help you
Customer: replied 5 years ago.

I am readying a motion to dismiss. The plaintiff's attorney endeavored to obstruct the course of justice by withholding a piece of evidence in his most recent filing which was sent to me previously by his colleague of the same firm.


My question is: how do I title the action? Is it Motion to Dismiss due to spoliation of evidence or Motion to Dismiss due to obstruction of justice, or both.

I would just title it "Defendant's Motion to Dismiss"

you do not need to put in the title the reason for the motion.

Let me know if you have any other questions.

Thanks,
HCLegal