Summary judgements

[grandpa1]

I have been reading this for a while but I am new here. Everone here seems to know alot of information I have learned alot. One question how much information would a JDB need in court to get a summary judgement. That is what they gave when they it to the court and do I have any way to defeat it or object to it. And also a hearing has been schedled do i get to tell my side ,then and do they have to show up for it. Thanks any help I can get.

[cjtx]

we could help more if you provide more information. is it in federal or state court? what evidence did they attach? an affidavit or OC statements?

depending on whether its federal or state, you need to look at either the federal rules of civil procedure or Texas rules of civil procedure.

as far as state law is concerned:

there are 2 basic kinds of motion for summary judgment (MSJ): regular and no evidence.

on a regular MSJ, movant (person filing MSJ) must prove their claim or defense or disprove nonmovant's claim or defense. the initial burden of proof is on the movant, but as soon as they provide some proof, the burden of proof shifts to the nonmovant. In simple words: you need to attack any proof they produced with their motion.

on a no-evidence MSJ, movant claims nonmovant has no evidence to support nonmovant's claim or defense. the burden of proof is on the nonmovant to raise a fact issue. So you need to challenge their allegations by either producing evidence or clarifying your claim or defense.

[grandpa1]

This is in civil court. They attached a avidavit from one of their employees saying that I owe this much.

[cjtx]

you need to attack the affidavit. The person who signed it had no personal knowledge of the records, as they were kept by the original creditor and therefore that person is not the guardian of the OC's records. You need to object to the affidavit on the grounds that it's hearsay.

note that the court is likely to accept their "worthless" affidavit if it goes unchallenged.