Legal Question in Credit and Debt Law in New York
Response to a motion for Summary Judgement from plantiff
How do I respond to a motion by the plantiff for a Summary Judgement against me present to Superior Court of Monroe County. I would like the opportunity to defend myself after duly answering a summons.
2 Answers from Attorneys
Re: Response to a motion for Summary Judgement from plantiff
without knowing the facts surrounding the matter we cannot provide much assistance (nor would we since this site is for guidance not preparation of legal papers). Essentially you need to go to court and speak to a PRO SE (pronounced PRO SAY) clerk. You will have an opportunity to prepare and submit an affidavit (sworn statement) setting forth your defenses. You have to create a factual or legal issue that the judge cannot determine on papers...that is what a motion for summary judgment is about...it claims that there are NO issues of law or fact that would require a trial. You don't win the case on this motion, you would just force the matter to go to trial (before a judge or a Jury if you like--you have to request a jury trial) if you think you have a good valid and legal defense. Good luck
Re: Response to a motion for Summary Judgement from plantiff
You need to establish a legal excuse (not just an excuse) as to either why you do not owe the money or why you do not owe the amount of money claimed. The inability to pay or the added interest fees on top of the principal amount are not legal excuses to the amount owed.
Good Luck
RRG