Legal Question in Credit and Debt Law in California
Summary Judgments
I have been fighting a collection attorney. We have gone though the discovery process in which I asked for proof the company could not produce any signed documents and the attorney is filing a Summary Judgments but states that they do not have the signed documents in the motion. I have contended from start to finish that I can not admit to owning this debt subject to proof. Do I need to file a opposition to the summary of judgment and what forms do I use
3 Answers from Attorneys
Re: Summary Judgments
Yes. You use regular pleading paper. You really should retain legal counsel to assit with this.
Re: Summary Judgments
They need to prove their summary judgment but it would be smart to file an opposition. There is no pre-printed form. You may be able to file sample of other opposition in legal form books at law libraries, but they are usually very fact driven.
Re: Summary Judgments
First of all, you should be using an attorney, because the attorney will get paid by the CA at the end of the case, why wouldn't you?
Responding to a MSJ is very complicated. You need to submit a Memorandum in Opposition, and a Separate Statement of Disputed Facts in the exactly correct legal form. If the plaintiff really has no documentation of the debt, your evidence to defeat summary judgment is your sworn declaration that you don't owe the debt. See Rutter Group Cal. Civil Procedure Before Trial. Google for [sample responding party separate statement].
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