Legal Question in Credit and Debt Law in New Jersey

Summary Judgment (SJ)

How do you respond to a Motion for Summary Judgment for a credit card debt when you do not have sufficietnt information about the total amount owed? Plaintiff claims I owed $11,200 of which about $5,000 is for late fees, over the limit fees, interest and maybe, I'm not sure, interest over interest. Plaintiff has not disclosed how they arrived at the $5,000 figure and I wonder if that could be grounds for requesting a denial of the SJ.


Asked on 10/08/08, 11:22 pm

2 Answers from Attorneys
John Corbett Corbett Law Firm LLC

Re: Summary Judgment (SJ)

1. You should only represent yourself in matters that you can afford to lose or where the risk-weighted attorney fees would exceed the amount in dispute.

2. If you have requested the information in discovery and it has not been provided, you will probably succeed in opposing SJ if you also file a timely opposition.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 10/09/08, 9:22 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Summary Judgment (SJ)

You should have an attorney for this. It will be worth paying an attorney around $2500 or so to dispute this. Otherwise, you can claim that they have not shown that you owe any of this money, let alone the amount they say you owe.

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Answered on 10/09/08, 11:02 am


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