FamilyMan

Just received "Motion for Summary Judgement" whats next?

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Hello all! A couple months ago I started a thread about responding to a summons for an alleged CC debt. I received the summons in July of this year and responded with an Answer (Straight denial) within the time-frame (20 dys).

Fast forward to now. I just received a "Motion for Summary Judgement" along with "Notice of Filing Supporting Affidavit".

In this "Motion for Summary Judgement" it states:

1) Plaintiff has brought this action against defendant based upon defendant's failure to repay money owed pursuant to an extension of credit made to defendant

2) On 7/1/12 defendant was served with summons & copy of complaint

3) Defendant has answered complaint. Defendants answer fails to raise a genuine issue as to any material fact in this case.

4) Plaintiff supports this motion with the filing of an affidavit attesting to the defendant's indebtedness

5) Plaintiff is entitled to judgement as matter of law.

In the "Notice of filing Supporting Affidavit" it states the evidence they are providing. This "evidence" is 2 years worth of CC statements showing charges, payments, etc etc.

They have also attached a notarized copy of a 2 page letter showing a lady's name claiming she is authorized by the CC company as a "Document control officer". The letter states she pulled the records and I owe the amount. Then on page 2 is the notarized signature....

So here is my questions for you experts out there:

- What do I do next?

- Keeping in mind the 2 yrs worth off CC statements show a starting balance of $5,XXX can I use this against them stating they never provided me a breakdown from a "$0.00" balance?

Any help will be much appreciated as I have read that I need to respond fairly quickly.

Thank you very much!

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Defendant's answer fails to raise a genuine issue as to any material fact in this case.

How about this for an answer.....IT DOESN'T HAVE TO, YOU IDIOT. The complaint puts you on notice as to what you are being sued for. The answer is the response, in which you are allowed to admit or deny the allegations. Then we go to step two, which is where the plaintiff actually proves his case at trial after discovery. Has discovery been conducted? This is standard procedure, they want a quick win. You have to write an opposition, many samples here.

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Thank you for the response. I searched the site but I'm not finding what I need. What do I specifically need to search for? "Opposition to summary judgment"? I tried that and didn't see a template/example I could use.

To answer your question about discovery, no, I haven't received anything since I filed my answer besides this MSJ today.. Looks like my straight denial to the allegations prompted them to Motion for Summary Judgment.

Is there usually a time limit on my response?

thank you

Edited by FamilyMan

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You've answered the complaint with affirmative defenses. Note that merely denying allegations and stating affirmative defenses isn't enough to block SJ. Facts must be included with each affirmative defense which would, if proven, destroy the plaintiff's case.

Prompt discovery, admissions, interrogatories, and so on may still block SJ - these actions are for YOU to take.

Arrange now for a court reporter and certified transcript for all court proceedings. This indicates preparation for appeal, which will get the judge's attention.

Edited by Happybluesky

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Thank you for the responses. I will compile my objection to motion for summary judgment and post it here once I get a draft completed.

Just an FYI, I didn't include any affirmative defenses with my answer., It was a straight denial:

1) denied

2) denied

3) denied

etc etc

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OK guys/gals, I need some help from all of you kind experts here =)

On 9/19 I received the "Motion for Summary Judgment" (Last week)..This came about 9 weeks after filing my original "Answer" to the summons. I have started compiling my response (Objections to Summary Judgment) and planned on filing it with the court within a day or so.

I just checked the case online today and it now has the latest status of : "Notice of Hearing" 10/23

Sooo I'm a bit confused on this. It hasn't even been 10 days yet for me to file my oppositions to Summary Judgment. So, now that a hearing is set, does that mean the Plaintiff will be awarded the summary judgment? Or does it mean that Plaintiff & Defendant (Me) will have a chance to present the facts in court for judge to decide?

Please help as I am confused!

Thank you

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I completely understand, I'm going through the same thing in California right now. These MSJ's are a royal P.I.A.!

All I can contribute is that in California, there are a lot of specific rules, including timing of filings, that MUST be followed in order to respond (oppose) properly. I would strongly suggest you take the time to find and read them for your state, otherwise you may be sunk!

I hope this helps.

Good luck, the people on this board are a great help.

rt

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It could be a motion to hear their motion for summary judgment. You r status did not say the motion has been granted. If it's the case that it is to rule on MSJ, I still think you can file your motion to oppose and at the hearing (show up, definitely) ask the judge if he/she will rule on your motion. Not sure that's proper court procedure, you will need to look this up.

In addition, I don't see why you can't file discovery on the plaintiff.

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Thank you all for taking the time to respond & for the information. I'm still in the middle of completing my oppositions & looking up the rules/laws on the timing of submitting discovery to the plaintiff. Its obvious they want a quick win, but I'm not letting down.

I will keep you all updated.

thanks again

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There doesn't seem to be anything in the rules that says you can't send discovery after msj is filed, but most likely it will be viewed as a stalling tactic by the court.

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