Jump to content

Can I use this as part of defence

Recommended Posts

Does anyone know where to go to find case law reguarding Summary Judgements in Texas and how to defend. Thanks

In order to obtain a summary judgment anywhere, the judge must determine that there are no legitimate disagreements betweent he parties. For the purposes of making this determination, the judge must view the non-moving party's pleadings, discovery, etc. in the best light.

So, to defend against a summary judgment, you have to bring to the judge's attention any relevant facts that you and the moving party have disagreement on.

Case law on summary judgments can be found by going to the TX Supreme Courts website and searching their cases for summary judgment. You should also search the cases on your district Court of Appeals website. This also a federal issue, so you should search case law for the U.S. Supreme Court and the 5th Circuit Court of Appeals.

Link to comment
Share on other sites

Sorry, being sued by JDB that bought it from another JDB, They filed for summary judgement after I filled my answers. They had attached to the filling avidavit from first JCB saying they perchased it from OC. they said they asigned it to another JDB the one that is sueing. The suing JDB attached an avidavit from one of their employees saying they know all about it. The first JDB has the amount of priciple and interest that they were always collecting since they bought it from OC.Years!!! Not out of SOL. should I file any motion or show up in court on date of hearing and what kind of defences could I have, sorry so long Thanks, Just an old man that is trying to figure this out.

Link to comment
Share on other sites

This topic is now closed to further replies.

  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.