Legal Question in Credit and Debt Law in California

motion to dismiss judgment

The collection attorneys file a summary judgment against me and then I filed a motion to dismiss summary judgment...and I went to court today and the judge denied it. I was told that I should have file an opposition brief instead because I can't file for motion to dismiss summary judgment ? is this right..?


Asked on 2/19/09, 9:39 pm

2 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Re: motion to dismiss judgment

The judge is correct. Summary judgment motions are very serious and have strict procedural requirements that must be followed. Based on this question and the one you asked earlier, you are clearly in over your head. Do yourself a favor and hire an attorney

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Answered on 2/19/09, 10:20 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: motion to dismiss judgment

You should not be acting as your own attorney in a collection case. If you have a valid defense to the case, your attorney should be able to recover his or her fee from the CA.

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Answered on 2/19/09, 9:43 pm


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