Motion for Summary Judgement from midland funding in Texas. What do I do next?

[Jj1731]

I recieved a letter from the court yesterday that stated the Plaintiff (Midland Funding) motion for Summary Judgment is set for Submission/Hearing before the court on xxxxx,2013 at (time). What is my next step?

[Seadragon]

Have you opposed the motion with opposition to motion for Summary Judgment? if you did please share the points you argued. this is serious because you will have to respond to their motion with the following stuff:

 

A Seperate Statement of Disputed Facts

your opposition motion

and a proof of service for all that

 

It sounds to me as if they filed one and the time to respond has ran out because you didn't recieve it. If that is the case request 10 days to make opposition because you have not recieved the motion. If the court says no we have some points ready to go.

 

What you are doing is showing that there are contreversies that have to be determined at trial.

 

let us know ricky tic

[Jj1731]

Have you opposed the motion with opposition to motion for Summary Judgment? if you did please share the points you argued. this is serious because you will have to respond to their motion with the following stuff:

 

A Seperate Statement of Disputed Facts

your opposition motion

and a proof of service for all that

 

It sounds to me as if they filed one and the time to respond has ran out because you didn't recieve it. If that is the case request 10 days to make opposition because you have not recieved the motion. If the court says no we have some points ready to go.

 

What you are doing is showing that there are contreversies that have to be determined at trial.

 

let us know ricky tic

No I have not opposed the motion. They did send the court an affidavit (sent me a copy) that shows where they purchased the debt

[Seadragon]

What did the motion say? you can PM me and we can look and help with a response.

 

And look at these for more help:

 

 

[BTO429]

All you have to do to beat the summary is to prove one triable issue of fact, Like the amount they are suing for, etc etc,

[Jj1731]

All you have to do to beat the summary is to prove one triable issue of fact, Like the amount they are suing for, etc etc,

SO how do I do this? Do I send a letter to the court first thing Monday morning?

[Savoir]

File an opposition to their MSJ within the time frame allowed by your Rules of Civil Procedure.

It's not a letter .......... and the time frame will be determined by your RCP's

This will be a formal filing with the court .......... and a copy will be sent to the plaintiff's attorney of record (CMRRR).

[Jj1731]

File an opposition to their MSJ within the time frame allowed by your Rules of Civil Procedure.

It's not a letter .......... and the time frame will be determined by your RCP's

This will be a formal filing with the court .......... and a copy will be sent to the plaintiff's attorney of record (CMRRR).

Could you guide me? Do I go to the court and just tell them I want to file an opposition. How do I find out what my time frame is?

[BTO429]

Defendants opposition to Plaintiffs motion for summary judgment.

 

First we need to see the complaint, post it here minus any identifying info.....Also post the msj motion.

[Jj1731]

Where can I find Texas Rules for Civil Procedure?

[TomnTex]

Here.....http://www.supreme.courts.state.tx.us/rules/trcphome.asp Just google or google scholar anything you need. Also, look at TF 392. Thats under Texas code and if offers more than FDCPA/FRACA.