Legal Question in Credit and Debt Law in Texas
Motion for Summary Judgment
We owe on a credit card, and I can see on our county webpage that the attorney representing the creditor has been given a hearing date for ''plaintiffs motion for summary judgment'' set for the end of this month. I have not received any legal notice for this trial date, only know because I looked it up. Am I required to appear in court? What exactly does the ''motion for summary judgment'' mean? I have already submitted a defendant's answer to plaintiffs original petition to confirm arbitration award, and this is the next thing appearing in the court notes. Should I receive a legal notice to appear?
Thank you
2 Answers from Attorneys
Re: Motion for Summary Judgment
Yes, you should have been given 21 days notice of a hearing on a motion for summary judgment. A written reply must be filed no later than seven days before the hearing. No oral testimony is taken at the hearing. They may have sent you a notice by certified mail that you did not pick up. Its still valid notice even if you did not sign for it.
Re: Motion for Summary Judgment
You need to get a copy of the SJ and see what it says.
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