Motions in Debt Litigation
Motions are the formal way you request the court to take some specific action in a lawsuit – to force the other side to provide discovery, to dismiss (kick out) the suit or some part of the suit based on the pleadings, to give you judgment as to the case based on the undisputed facts, or to vacate a default judgment and let you defend yourself. Remember that if you have evidence issues – as you definitely will in a motion for summary judgment, you need to go Trial Issues. For access to many more articles and videos, as well as our extremely valuable teleconferences, become a member through Your Legal Leg Up.
What to expect and how to prepare for arguments in court. This article tells you how motions work when and how to argue, what to expect and things you need to know before you walk into court.
Motions To Compel
What happens when you go to all the trouble of writing and serving discovery on the debt collector? Most of the time they try to “stonewall” you by refusing to answer any of the questions at all. What do you do to keep things on track and keep them from doing that to you? This video talks about how you make them cough up the information you need to beat them.
Motions to Dismiss
When is a motion to dismiss used? what does it do? And what does it mean? The basics of Motions to Dismiss.
This is an article with video on how and when to file a motion to dismiss – often it’s important to file before you even Answer the petition. This article explains why that can be so important. I put it in the “Defending” category because this is one of the first things you should think about when you get sued for debt – whether to answer the petition or file a motion to dismiss.
If you’re being sued on a debt, there’s probably an excellent source of information nearby. This video tells you where it is and how to use it so taht you can save many hours of your time researching and writing.
Motions for Summary Judgment
If the debt collector has filed a motion for summary judgment against you, you need to act to protect yourself. This video tells you what motions for summary judgment are, why they’re so dangerous to you, and what to do about them.
What you need to do when you think you should get a motion for summary judgment – but the debt collector has filed one first.
Motion to Vacate Default
What do you do if you did not go to court at the time on the summons and defaulted? What do you do to try to get back in the case to defend yourself? This video talks about how you try to get back in the game with a motion to vacate a default judgment.
How do you go about filing a motion to vacate and what do you do after that? This video goes into some of the nuts and bolts of the motion to vacate and the procedures you need to follow.