Monday, October 01, 2018 2:49:07 PM
Since this is a Debt Collection lawsuit, the following would apply. They did not file a patent infringement lawsuit.
https://friedmanmurray.com/blog/debt-collection/what-is-a-summary-judgment-motion/
What is a summary judgment motion?
By Todd Murray on April 5, 2010
A summary judgment is a final decision by the court without having a trial. Debt collection lawsuits rarely go to trial and most are decided on a motion for summary judgment.
The purpose of a trial is to resolve the facts that are disputed. In other words, the jury (or judge in a court trial) listens to all the witnesses’s testimony, reviews any exhibits, and decides whose story is more believable. When someone brings a summary judgment motion, they’re arguing that all the important facts are undisputed–so there’s no need for a jury to hear testimony–and that the judge should just apply the law and make a decision. In debt collection cases, the creditor usually brings the summary judgment motion. Occasionally, it makes sense for the consumer to bring their own motion, especially in a debt buyer lawsuit where the debt buyer doesn’t have sufficient evidence.
So what should you do if the debt collection lawyer brings a summary judgment motion in your case? First, you need to figure out if there are any facts that are disputed. If there are, the judge must deny the summary judgment motion and schedule the case for trial to resolve those disputed facts. If you come up with some, you’ll need to put them in your response to the creditor’s motion. In Minnesota, a response to a summary judgment motion must be filed with the court–and sent to the creditor’s attorney–at least 9 days before the hearing. Additional time is necessary if you are going to mail your response. If you don’t file a written response, you’ll probably lose the case and the judge might not allow you to make any oral arguments at the hearing.
A summary judgment motion is probably the most difficult phase of a debt collection lawsuit for a non-lawyer to handle. You should strongly consider talking to a lawyer with experience defending debt collection lawsuits.
Recent SECI News
- Form 8-K - Current report • Edgar (US Regulatory) • 02/26/2024 08:01:54 PM
- Form 10-Q - Quarterly report [Sections 13 or 15(d)] • Edgar (US Regulatory) • 01/17/2024 06:28:43 PM
- Form 10-Q - Quarterly report [Sections 13 or 15(d)] • Edgar (US Regulatory) • 11/09/2023 08:38:15 PM
North Bay Resources Announces Assays up to 5 oz/ton Gold, 1.5 oz/ton Platinum, 0.5 oz/ton Palladium, and 0.5 oz/ton Rhodium at Mt. Vernon Gold Mine, Sierra County, California • NBRI • Oct 4, 2024 9:15 AM
Basanite, Inc. Appoints Ali Manav as Interim Chief Executive Officer • BASA • Oct 3, 2024 9:15 AM
Integrated Ventures Announces Launch of MedWell Facilities, LLC and Lease Agreement with Giant Fitness Clubs • INTV • Oct 3, 2024 8:45 AM
Beyond the Horizon: Innovative Drug Combinations Offer New Hope for Alzheimer's and More • NVS • Oct 3, 2024 8:45 AM
SMX and FinGo Enter Into Collaboration Mandate to Develop a Joint 'Physical to Digital' Platform Service To Enhance Natural Rubber Industry's Ability to Report on Sustainable and Ethical Supply Chains • SMX • Oct 3, 2024 7:00 AM
Transforming Alzheimer's Treatment: Innovative Combinations to Boost Cognition • PFE • Oct 2, 2024 9:00 AM