Posted January 27, 2010 5:52pm
The answer to your question about how to file an opposition to a motion for summary judgment is to file a plea that states your general defenses. The motion for summary judgment asks the Court to decide the facts and the law and if there are no questions to be resolved at trial the court will enter a judgment.
The first thing you need to do if and when you get sued is to file an answer to the motion for summary judgment. File the answer right away. The summons will tell you that you must “appear” by way of an Answer in 10, 20 or 30 days, “depending on the method of service.”
You need a lawyer, but if you cannot afford one right away, rather than do nothing and have a judgment entered against you, you need to “appear” by filing something!
Many people think this means they have to go to Court and this is incorrect. 90% of all lawsuits end in Default Judgments because the defendant (person getting sued) did not file an answer.
I recommend you go to the free form I have on my website. Print it out and fill it out as instructed. You must answer the numbered paragraphs on the Complaint by writing them into the appropriate lines in the
Answer. The Answer will allow you to preserve your rights and will prohibit a default judgment (i.e. you did not show up) from being entered against you.
Mimic the paperwork of the motion for summary judgment when you got when you got sued. Answer all the paragraphs of the Complaint by writing the numbers in lines 1, 2 or 3.
Almost 100% of attorneys will deny what is owed because they did not do the calculations and do not know what the basis for the number is…
When you file the Answer that is your “not guilty”. You have the right to make the person suing you (Plaintiff) prove their case, but you must also answer the complaint truthfully.
Make sure you fill in the name and address of the attorney suing you before you bring this paperwork to the Court. Mail it to the attorney suing you right away!
Check out the guide I have drafted on the Avvo profile. This will provide more detailed instructions. If it is helpful remember to indicate that and get the guide read!
YOU MUST ALSO ANSWER THE MOTION FOR SUMMARY JUDGMENT right away by submitting the facts and the law to the court that substantiates your defenses and side of the case. You may also want to talk to a bankruptcy lawyer right away.