Legal Question in Disability Law in Massachusetts

Response to attorney's summary judgement

I am a defendant in a case regarding a debt. I am handling pro se. I recently submitteda my motion for summary judgement, I had my hearing and the plaintiffs attorney gave me Plaintiff MEM of law in opposition to Defendants MSJ. Of couse my motion was denied. The plaintiffs attorney has sent me their motion for summary judgement. Do I need to file an answer and how should it be worded since my summary judgement was denied.


Asked on 11/08/07, 8:56 am

1 Answer from Attorneys

Denise Leydon Harvey Harvey Law Offices

Re: Response to attorney's summary judgement

The short answer is Yes. You should submit an opposition to the Motion for Summary Judgment if you hope to have it denied.

However, no attorney can tell you how to word an opposition when no information is provided about the issues. Generally speaking, summary judgment will be granted where there is no genuine issue of material fact involved in the case and the moving party is entitled to judgment as a matter of law. Therefore, a party opposing such a motion should focus on (1) whether there are genuine issues of material fact, or (2) whether, based on the facts as agreed, the moving party is not entitled to judgment as a matter of law.

These motions and oppositions are fact intensive and require a thorough understanding of the law involved. I recommend that you speak with an attorney who specializes in the field of debtors' rights. I am unclear how your case falls within the category shown in the heading of disability discrimination law.

Read more
Answered on 11/09/07, 12:13 pm


Related Questions & Answers

More Disability Discrimination Law (ADA) questions and answers in Massachusetts