Jump to content

Is it too late to file an MSJ since i have answered?


Recommended Posts

Why would you want to? Just asking say you have not read your rule of civil procedure. It would be nice if we could make it go away that fast, but an MSJ means there are no issues of material fact, so judgement should be in your favor. All they need is one issue, and you lose. If only a summons has been issued, you haven't even started discovery. So what basis would you have for an MSJ?

I see your from Michigan, I recommend you read the thread pinned at the top by poster bmc100, he kinda walks you through the process.

Link to comment
Share on other sites

Why would you want to? Just asking say you have not read your rule of civil procedure. It would be nice if we could make it go away that fast, but an MSJ means there are no issues of material fact, so judgement should be in your favor. All they need is one issue, and you lose. If only a summons has been issued, you haven't even started discovery. So what basis would you have for an MSJ?

I see your from Michigan, I recommend you read the thread pinned at the top by poster bmc100, he kinda walks you through the process.

 i keep seeing advice from bmc100 saying to file MSJ: this is a case almost identical to mine- "You are going to file a MSJ and get this thing kicked out. The judge will give them a chance to amend their complaint to show cause, but they won't have the goods to proceed forward. When they cannot prove that they own your account or that the account is yours, now you have FDCPA violations. " http://www.creditinfocenter.com/community/topic/322316-being-sued-by-lvnv-scared-and-have-no-money/page-2

 

am i reading this wrong? thank you so much for your help

Link to comment
Share on other sites

 

I have already submitted my answer to the course in a JDB case but I am wondering if is too late to file a motion for summary judgement? hopefully i did not screw up too bad by submitting an answer

 

I have already submitted my answer to the course in a JDB case but I am wondering if is too late to file a motion for summary judgement? hopefully i did not screw up too bad by submitting an answer
 
 
MCR 2.116  Summary Disposition
(A) Judgment on Stipulated Facts.
 
(1) The parties to a civil action may submit an agreed-upon stipulation of facts to the court.
 
(2) If the parties have stipulated to facts sufficient to enable the court to render judgment in the action, the court shall do so.
 
( B ) Motion.
 
(1) A party may move for dismissal of or judgment on all or part of a claim in accordance with this rule. A party against whom a defense is asserted may move under this rule for summary disposition of the defense. A request for dismissal without prejudice under MCL 600.2912c must be made by motion under MCR 2.116 and MCR 2.119.
 
(2) A motion under this rule may be filed at any time consistent with subrule (D) and subrule (G)(1), but the hearing on a motion brought by a party asserting a claim shall not take place until at least 28 days after the opposing party was served with the pleading stating the claim.
 
( C ) Grounds. The motion may be based on one or more of these grounds, and must specify the grounds on which it is based:
 
(1) The court lacks jurisdiction over the person or property.
 
(2) The process issued in the action was insufficient.
 
(3) The service of process was insufficient.
 
(4) The court lacks jurisdiction of the subject matter.
 
(5) The party asserting the claim lacks the legal capacity to sue.
 
(6) Another action has been initiated between the same parties involving the same claim.
 
(7) Entry of judgment, dismissal of the action, or other relief is appropriate because of release, payment, prior judgment, immunity granted by law, statute of limitations, statute of frauds, an agreement to arbitrate or to litigate in a different forum, infancy or other disability of the moving party, or assignment or other disposition of the claim before commencement of the action.
 
(8) The opposing party has failed to state a claim on which relief can be granted.
 
(9) The opposing party has failed to state a valid defense to the claim asserted against him or her.
 
(10) Except as to the amount of damages, there is no genuine issue as to any material fact, and the moving party is entitled to judgment or partial judgment as a matter of law.
 
(D) Time to Raise Defenses and Objections. The grounds listed in subrule © must be raised as follows:
 
(1) The grounds listed in subrule ©(1), (2), and (3) must be raised in a party’s first motion under this rule or in the party’s responsive pleading, whichever is filed first, or they are waived.
 
(2) The grounds listed in subrule ©(5), (6), and (7) must be raised in a party’s responsive pleading, unless the grounds are stated in a motion filed under this rule prior to the party’s first responsive pleading. Amendment of a responsive pleading is governed by MCR 2.118.
 
(3) The ground listed in subrule ©(4) and the ground of governmental immunity may be raised at any time, regardless of whether the motion is filed after the expiration of the period in which to file dispositive motions under a scheduling order entered pursuant to MCR 2.401.
 
(4) The grounds listed in subrule ©(8), (9), and (10) may be raised at any time, unless a period in which to file dispositive motions is established under a scheduling order entered pursuant to MCR 2.401. It is within the trial court’s discretion to allow a motion filed under this subsection to be considered if the motion is filed after such period.

 

More info on MCR 2.116 here:

http://www.icle.org/modules/books/chapter.aspx?chapter=17&book=2012555670&lib=litigation&sections=2&from=store

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • 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.