donqII Posted August 30, 2010 Report Share Posted August 30, 2010 This was a credit Card lawsuit.A summons was served and an answer given.Discovery was exchanged between parties.Plaintiff went for summary judgment andthe judge granted the summary judgment.However... the Defendant never had their day in court.When checking the Defendant was told the judge waswithin his rights to do this.What is the best way to handle this?A Motion to Vacate this judgment? Based on what?The state is Georgia. Link to comment Share on other sites More sharing options...
nobk4me Posted August 30, 2010 Report Share Posted August 30, 2010 An appeal would be a better option than trying to vacate a judgment. Assuming you have valid grounds for appeal.Summary judgment is allowed. It's provided for in the Rules of Civil Procedure, Rule 56. Summary judgment is granted when the moving party shows that there are no genuine issues of material fact, and, this, no trial is needed.Did you respond to their SJ motion? Link to comment Share on other sites More sharing options...
home depot Posted November 20, 2010 Report Share Posted November 20, 2010 An appeal would be a better option than trying to vacate a judgment. Assuming you have valid grounds for appeal.Summary judgment is allowed. It's provided for in the Rules of Civil Procedure, Rule 56. Summary judgment is granted when the moving party shows that there are no genuine issues of material fact, and, this, no trial is needed.Did you respond to their SJ motion?Hi!! I've been looking for help, I found this and thought I would ask my question, which is, I was never given a notice showing their intent for a summary judgement. On the two cases I had with Asset Acceptance, I received notice of a court date and was there, they both got dismissed. But with Bank of America and Zwicker I never received a notice of hearing, is this legal? They can just get a judge to sign a paper without hearing from me or letting me know what's going on?Thanks for all your help!! Link to comment Share on other sites More sharing options...
nobk4me Posted November 22, 2010 Report Share Posted November 22, 2010 Assuming you answered the summons, and they did not get a default judgment, the plaintiff should have filed a motion for SJ, and sent you a copy, and you would have had the right to respond to their motion.Whether the court will actually hold a hearing, depends on state and local rules. The whole purpose of SJ is to decide the case on the papers and not have to hold a trial. Link to comment Share on other sites More sharing options...
home depot Posted November 23, 2010 Report Share Posted November 23, 2010 (edited) thanks for the response!! Edited November 23, 2010 by home depot Link to comment Share on other sites More sharing options...
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