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  1. #1
    Join Date
    Jun 2008
    Posts
    7

    Default Motion for Summary Judgment - What Do I Do?

    My question involves collection proceedings in the State of Michigan. I have received a Motion of Summary Judgment from the court. They pushed the court date up to a few weeks from now on Aug 8 and Im not sure what to do.

    Should I get a lawyer now?
    Should I try to reschedule the court date?
    Do have a chance in court to settle at all?

    What can I expect if I go to court by myself? Is this a smart move. Also if they do get a judgement, how can I negotiate payment plans and minimize damage to my credit report?

  2. #2
    Join Date
    Jul 2008
    Posts
    853

    Default Re: Motion of Summary Judgment. What Do I Do?

    A motion for summary judgment means that the opposing side feels that the facts of the case are incontrovertible and that they should win based on the facts of the case as presented so far.

    A memorandum in opposition to the plaintiff's motion for summary judgment should be filed now. If you do not know what that is, or how to do it, (which I am guessing is the case here) you should seek legal counsel immediately.

  3. #3
    Join Date
    Jun 2008
    Posts
    7

    Default Re: Motion of Summary Judgment. What Do I Do?

    I spoke to a lawyer about what to do next. He told me to try and settle with the credit card company or go to court. He also told me that the hourly fee that he charges will outweigh the benefits of having him represent me in court. He felt that this was something I could go to court for by myself.

    Do you agree with this? I don't mind going and representing myself. But If I were to do so, what exactly should I expect? What should I prepare my self with? Will it be a quick process, or it something that will go back and forth between myself and the prosecuting attorney?

  4. #4
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: Motion of Summary Judgment. What Do I Do?

    If you are going to do this. (not recommended) prepare yourself with facts, proof and evidence. Research statutory and case law similar to yours. Read the rules of court for your state and your local rules of court. make sure any papers you turn in comply with those rules as to dates, format, wording, etc. If you need help, go to your local law library, look pathetic and try to find a very patient and nice librarian to help you.

    Good luck!

    ~Christina

  5. #5
    Join Date
    Jun 2008
    Posts
    7

    Default Re: Motion of Summary Judgment. What Do I Do?

    What would be the benefit of going to court at all? I owe the credit card company the money. There going to win. What support do I even have? What happens if I don't show up. And If I do my research and go to court, what am I hoping for? A settlement? I cant afford to pay them a lump sum so wage garnishment seems inevitable..

    It just seems like a lose-lose situation. I know that getting a lawyer would be the best bet, but I cant afford to pay him the $1000 he's going to charge me. Thats just going to add to what I owe the credit card company already.

    I guess I'm just looking for some direction here. Is there a way to postpone the court date so I can weigh my options.

  6. #6
    Join Date
    Jul 2008
    Posts
    853

    Default Re: Motion of Summary Judgment. What Do I Do?

    You may have owed money to the CC company at one point, but many things can change that, including the statute of limitations and other laws. Also, the money that the Plaintiff is demanding may or may not be the amount you owe. The person suing you may not even be the credit card company, but a debt collector that has purchased the rights to collect upon the debt.

    If you do not show, the Plaintiff will get a default judgment, which means that the court gives them whatever they asked for. Showing up allows you to ensure that the award is in keeping with what you agreed to pay. Showing up without counsel is better than not showing up at all.

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Motion of Summary Judgment. What Do I Do?

    Michigan has some pretty strict requirements for raising a proper defense to a motion for summary disposition (See MCR 2.116 here (PDF)).

  8. #8

    Default Re: Motion for Summary Judgment - What Do I Do?

    Go to court and work out something with the credit card company. They will get their judgement if you don't. Judgements are very hard to wipe off your credit report so avoid it at all costs.

    Just remember the company cannot take your birthday away and if the judge sees that you are willing to pay something every month then you will avoid the judgement.

    Go to court don't let them win!

    Flicka

  9. #9
    Join Date
    Jun 2008
    Posts
    7

    Default Re: Motion for Summary Judgment - What Do I Do?

    Thanks to all of you! Every post has been very helpful to me in preparing for this court date, I will have a little more confidence going into that courtroom now. I guess my ultimate goal is to avoid judgment and work out a payment plan. I still have 2 weeks till court so any more info that any of you have for me would be greatly appreciated. Thanks again!

  10. #10
    Join Date
    Jun 2008
    Posts
    7

    Default Re: Motion for Summary Judgment - What Do I Do?

    Ok, so I'm going to court first thing on Friday morning with no lawyer. My plan is to tell the judge that I'm willing to pay back the credit card company but can only afford x amount of money per week or per month. Im going to state how much I make, what my payments are and what I can reasonably afford to pay back. I was also going to see if the Judge would agree to have me payback only the principal before the credit card company started nailing me with late charges and astronomical finance charges. Do you think that this a good approach? Is there anything else that I should say or prepare myself with?

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