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Old 02-18-2013, 08:51 AM   #1 (permalink)
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Join Date: Feb 2013
Posts: 1
Question help with lawsuit!!!

I need to know how to answer a motion for summary judgment by a collection agency. I can't afford an attorney. where do I obtain the proper legal formms to answer the motion? please help!!!!!
sanjisun is offline  
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Old 02-18-2013, 03:58 PM   #2 (permalink)
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Join Date: Oct 2012
Posts: 326
There are forms in your local law library if you want. Also your county bar association might provide a form. Generally the defendant you in this scenario will win on summary judgment as it is a very high standard. Collection agencies like to be be very threatening, but often they don't have a good case depending on what the situation is.

Summary Judgment is explained in this article http://www.legalmatch.com/law-librar...n-lawyers.html . Essentially what it means is that based on the undisputed facts the party submitted the motion in this case the creditor wins without dispute. This is rarely granted, but if this is a credit card debt or somethign blatant that you borrowed 10,000 from they will win. On the other hand if it is a hospital that just came up with a number of 8,000 that you never agreed to then you might prevail.

ALso if this is a collection agency based on credit cards or something and additional penalities result in usury you might prevail as well http://www.legalmatch.com/law-librar...y-lawyers.html

You have the right to file pro-per and this is a small amount in small claims court or something then that is what you should do. However, if this is a 20,000 case or some higher number an attorney would be worth consulting.

You can find lawyers on http://www.legalmatch.com/ or go to your State or County Bar Association for a referral.
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Old 03-14-2013, 08:43 PM   #3 (permalink)
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I cannot remember the last time I read such a bastardization of what this site is about. You are copying and pasting links from this site and then blathering it up with a lot of wrong information as though that is what the links are saying.

The links say nothing about people NOT having to pay hospital bills of "8000".

And Summary Judgement motion is NOT a "very high" standard at all. All they have to do is prove it is her debt she rightfully incurred for which she is therefore liable.

Stop confusing people with a lot of incorrect information and using legitimate links from this site to seem as though it supports your nonsense.

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