Why did I get a motion for summary judgment in my collection lawsuit?

“Why did I get a motion for summary judgment in my collection lawsuit?”

Why did I get a motion for summary judgment in my collection lawsuit?You’ve been sued by a debt collector (debt buyer), a company like Asset Acceptance, LVNV, Midland Funding, Portfolio Recovery, or a similar company, and they serve you a motion for summary judgment.

They’ve sued you, and you’re getting a summary judgment motion

That usually means you’re in Circuit Court.

We have Small Claims Court, District Court, and Circuit Court.

Circuit Court is the highest court and this is where summary judgment motions normally are filed.

What does all this mean?

This means that the debt collector is asking the judge to not allow the case to go to trial.

You say, “Well, that’s kind of odd, don’t they want to go to trial?”

Well, no, they don’t.

They would rather file a motion.

A motion is just a written request for the judge.

They’d rather file that motion and say, “Judge, you don’t have to have a trial. It’s not necessary. It’s so obvious that we, the debt collector, will win. Don’t bother with a trial.”

If the judge agrees, the case is over.

You lose.

There’s a real judgment against you.

It’s called a summary judgment, but that’s just as real as a default judgment or a judgment after a trial.

Sometimes people say, “Well, I don’t like this summary judgment stuff. I’m not going to respond. I’m just going to have my day in court, my trial.”

Well, if you don’t respond, there won’t be a trial.

This is your day in court.

If you get a summary judgment motion, treat it very, very seriously because this is the debt collector taking a shot at you saying, “I want to win this case right now, with no further hearing on this.”

You have to understand your deadline to answer, how you answer, what you put in your answer– your response to this motion for summary judgment.

Do you need affidavits?  

Do you need discovery?

What do you need?

You need to figure that out if you’re facing a summary judgment motion.

If you have a lawyer that’s representing you, your lawyer will help you through this process.

If not, then feel free to call us as we have successfully defeated many motions for summary judgment in debt collection cases (205-879-2447).

I hope this is helpful in explaining why you’re getting a summary judgment and what a summary judgment is.

Be serious about this judgment, because if you’re sued in Circuit Court, this might be $10,000, $20,000, $30,000, or even $40,000 worth of debt, and they are trying to get a judgment against you.

So many people that handle this on their own, they look at this and go, “I just don’t believe in this.”

Well, when you get the judgment and then you get the garnishment or they’re selling your house, then it becomes very real.

Don’t let it get to that point.

Respond appropriately, whether that’s on your own, or you hire a lawyer to help you.

Feel free to contact us

If you’re doing this on your own, and you want our advice on this, just pick up the phone and call us.

You can reach us by phone at 205-879-2447, or you can fill out a contact form and will get get in touch with you as soon as possible.

I look forward to talking with you.

Have a great day!

-John G. Watts

PS — Click here if you would like to read an article or watch a video about summary judgment motions.

Leave a Comment