If you aren't sure that you have a legit affirmative defense or legal defense in summary judgement, what do you do?
Question Details: I received help already about not receiving a notice for a motion for summary judgement. I just received a judgement. I do not have any papers from the court..only the judgement? Do I simply file a motion with the court to vacate the judgment for the error in procedure? Or would the motion simply be to retry summary judgement? What if you aren't sure of a appropriate legal defense? I feel I shouldn't be forced to pay, but what do I do if you have no defense against this? Simply ignore everything and let it run its course and consider it the end of the road?
Business Law Answers
If you know that, even if you got the summary judgment motion re-opened and defeated it, you would still absolutely lose at trial, then there really isn't any point, other than delaying the inevitable.
For right now, if you want to go on fighting, you need to file a motion to vacate the judgment, because that procedural "error" deprived you of due process of law. You would need to make clear that you have not ever received the other side's motion papers, so the court would understand why you aren't addressing whatever arguments might have been made against you. It would still be a good idea to say why you think you can win this case. If you can't afford to have a lawyer handle this, I'd recommend buying 30 minutes or an hour of a lawyer's time, a consultation, where you can get some more detailed help with your case.
Related Business Questions
Didn't find your answer? Ask.
Top Ranking Attorneys
- Hong Shen206 Answers|Points 10300Gold Contributor
- Joseph Gasparrini46 Answers|Points 2200Bronze Contributor
- Kelly Broadbent81 Answers|Points 4000Silver Contributor
- Russ Pietryga66 Answers|Points 3250Bronze Contributor
- Shawn Jackson17 Answers|Points 850Bronze Contributor
- Glenn M. Lyon, Esq.26 Answers|Points 1280Bronze Contributor
- Hong Shen206 Answers|Points 10300Gold Contributor
- Kelly Broadbent81 Answers|Points 4000Silver Contributor
- Russ Pietryga66 Answers|Points 3250Bronze Contributor
- Sharon Siegel62 Answers|Points 3090Bronze Contributor
- Michael D. Siegel56 Answers|Points 2750Bronze Contributor
- Paula McGill50 Answers|Points 2500Bronze Contributor
Are you a lawyer?Want to be featured here? Sign up for a free profile and get started today! Click Here
 |