Sunday, February 12, 2012

How do i respond to a motion for summary disposition?

I am going to court for a summons from a creditor. I had filed my answer that I agree that I owe the money. I was trying to make payment plans with them seeing as how im on social security. They filed a motion for summary dispostion and I need to figure out how to go about responding to their statement.How do i respond to a motion for summary disposition?There may not be a lot for you to say. A motion for summary judgment or summary disposition tells the court that there are no "triable facts" left to be decided and that a trial is not necessary.



You agreed you owe them the money. There is no need to have a trial to decide if you owe them the money. All that is left is for the judgment to be entered.



If there is something left to be decided that you and the creditor don't agree about, that's what you put in the response. For example, it you agree you owe them $100, but they say it is $125, then put that in the response and ask the court for a trial to determine the correct amount.How do i respond to a motion for summary disposition?
Just show that there's a material question of fact remaining between you and the creditors.How do i respond to a motion for summary disposition?Not much you can do since in your answer you agreed to the facts, you are just asking for a payment plan



they do not have to accept a payment plan but at the same time if your only income is social security they can not get blood out of a stone so to speakHow do i respond to a motion for summary disposition?
You're pretty much screwed, since you admitted that you owed the money.



They can now win a motion for judgement.



You might consent to the motion, then file a motion for "fieri facias", which means that you don't have the money. That's where you propose the payment plan.



You will have to study this in the law books and get some caselaw to back you up.How do i respond to a motion for summary disposition?%26gt;%26gt; I had filed my answer that I agree that I owe the money.%26lt;%26lt;



You gave them the grounds for such a motion by your answer admitting you owed the money. Without knowing your local court's procedures no one here can advise you how to proceed. You should consult with a local attorney.

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