Legal Question in Credit and Debt Law in South Carolina

Motion for Summary Judgment

What is a motion for summary judgment about a debt collection sent to me?


Asked on 8/20/08, 2:03 pm

1 Answer from Attorneys

Sheryl Schelin Law Office of Sheryl Schelin

Re: Motion for Summary Judgment

It is the plaintiff's request for the judge (assuming you're the defendant in the action) to issue a ruling on the merits of the case in their favor. Essentially, they're arguing there are no factual issues, only legal ones, so the judge can get rid of this case by giving them the relief they asked for in the complaint.

If you have not answered the complaint, most likely this is based on default - the state of not answering a lawsuit brought against you in the timelimits prescribed by court rules.

If you're the plaintiff and the defendant filed for summary judgment, i.e., you're the one trying to collect the debt, the defendant may be arguing he/she has a total defense to the debt. It's impossible to tell without knowing more about the facts.

Either way, it's imperative you seek legal counsel immediately. There are deadlines for protecting your rights. If you're the defendant and you've defaulted, then you can get out of a default judgment under some circumstances, but it's not something you want to try to handle yourself. If you're the plaintiff, then you definitely want legal representation so that you can protect your claim.

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Answered on 8/20/08, 2:20 pm


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