May 29, 2012
Credit Card Lawsuit: How To Defeat Summary Judgment
Essentially, Summary judgment will be ruled if the facts presented during the course of the credit card lawsuit proceedings are undisputed, and accurate. Many credit card companies who are pressing charges against delinquent debtors are hoping for a summary judgment because it’s basically a quick way to get the money they wanted with very little cost. On the other hand, if the debtor fights against and actually defeated summary judgment, the creditor and their plaintiff are in for a long haul.
So is it possible? How does one defeat summary judgment when facing a credit card lawsuit? The short answer is yes, it is quite possible to work your way out of a summary judgment. It starts with filing a motion to strike the evidence that the plaintiff attached to his motion to declare that there are no facts to dispute. If done successfully, the court will rule that the facts are in dispute so they will not award a summary judgment in favor of the plaintiff.
However, you could be blindsided by a Motion to Strike by the plaintiff is you failed to present notarized affidavits that support the evidence attached to the Summary judgment motion. In general, a custodian or an assistant custodian of reports will notarize the affidavits, attesting to the plaintiff’s business practices and methods. The custodian will also personally check the debtor’s own business records and account, stating the credit card debt amount.
Also, note that every state has its own notarization law so make sure you check your state’s notarization law. In addition, you must check the guidelines for credit card lawsuit cases, which were filed in your state but its affidavit was notarized in a different state. If the out of State notarization does not comply with your state’s own requirements, you need to strike the affidavit by a motion to strike.
When faced with a credit card lawsuit, it is critical to know more about the laws and guidelines mandated in your state before you file any documents in court, even an Answer to the summons. In some states, defendants are not required to send an Answer to the credit card lawsuit summons so to avoid any confusion or mistakes that could otherwise, derail your chances of winning the credit card lawsuit, do your own research! In addition, you can search for credit debt lawyers who can give you an idea how to deal with your creditor and quite possibly, how to negotiate a better deal with them.
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