Legal Question in Civil Litigation in Maine

Re: Opposition to a motion for judgement summary

Unless another time is set by the court, you have 21 days after the motion was filed to file with the court your opposition to the motion, else judgment will be entered against you.

Your motion opposition must include a memorandum and a separate opposing statement of material facts showing a material fact-dispute for trial. Your opposing statement may contain a separate section of any additional facts you believe raise further fact-disputes that are material. A lawyer should be timely engaged to ensure that your opposition materials conform to very strict rules of form and proper support, or you will likely lose the motion even if you timely oppose it.

As mentioned, the 21-day deadline may be reset by the court. But you would have to seek the court�s ordering a different deadline before the 21-days run. You should promptly seek the plaintiff�s agreement to a later deadline for opposition together with, preferably, agreement that the entire matter be continued pending the settlement negotiations you mention. If agreed, you must file ASAP a corresponding motion with the court, stating the agreement and a proposed order, and you should proceed with motion opposition until the order is granted.

If no agreement can be reached, you could file a prompt motion stating the lack of agreement but nevertheless seeking extension of the time for motion opposition together with a continuance of the action pending settlement negotiations. You would have to provide in the motion properly supported facts and a proposed order.

Your chance of success would greatly improve if you hired an attorney with ample time before the 21-day deadline.

However, at the end of the day you do not have a "right" to negotiate and get the creditor to accept a lower amount, and as such negotiations are not an actual defense to the claim if the creditor is not willing to wait to negotiate, a Judge may not postpone matters.