Motion for Summary Judgment | Debt Collection Lawsuit (2021) | Summary and Q&A

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February 25, 2021
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Consumer Warrior
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Motion for Summary Judgment | Debt Collection Lawsuit (2021)

TL;DR

Learn the two essential steps to defeat a motion for summary judgment in a debt collection lawsuit to ensure your day in court.

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Questions & Answers

Q: What is a motion for summary judgment?

A motion for summary judgment is a legal request made by one party in a lawsuit, usually a creditor in debt collection cases, asking the court to decide the case in their favor without going to trial. It is based on the argument that there are no material facts in dispute and that the party is entitled to judgment as a matter of law.

Q: Why is it essential to respond to a motion for summary judgment?

Failing to respond to a motion for summary judgment can lead to the court granting the motion automatically, resulting in a judgment being entered against the respondent. Responding allows the respondent to present their counterarguments and dispute any factual inaccuracies in the plaintiff's case.

Q: What should be included in a response to a motion for summary judgment in a junk debt buyer case?

In a junk debt buyer case, the response should focus on highlighting factual disputes regarding the debt buyer's ownership of the account and the amount claimed to be owed. It is crucial to point out any lack of evidence provided by the plaintiff to support their claims.

Q: How can respondents increase their chances of defeating a motion for summary judgment?

Respondents can increase their chances by clearly articulating the factual disagreements between themselves and the creditor. By doing so, they can benefit from the court's requirement to give the respondent the benefit of the doubt, resulting in the denial of the motion and the opportunity for a trial.

Summary & Key Takeaways

  • A motion for summary judgment is a common tactic used by creditors in debt collection lawsuits that often catches people off-guard, leading to a judgment being entered against them.

  • The first step to defeat a motion for summary judgment is to respond to it within the specified timeframe, usually 30 days, as failing to respond could be interpreted as consent to grant the motion.

  • When responding to a motion for summary judgment in a junk debt buyer case, it is crucial to focus on highlighting factual disputes involving the debt buyer's ownership of the account and the disputed amount owed.

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