Cross-Motions for Summary Judgment
If you are being sued for a debt and the debt collector files a motion for summary judgment, what do you do? You will want to defend, of course, as you chance in the lawsuit depends on that. But what if you think you can prove the debt collector can’t make its case? You may want to file a Cross-Motion for Summary Judgment. To do that, you have to follow certain rules, and we can take a lot of the trouble and worry out of it for you.
One of the reasons debt law is good for pro se parties is that they are primarily document-based cases, with the deciding question often being simply, “can the debt collector present admissible evidence of its claims?” or “Do they satisfy the business records exception?” These are legal questions, and at the end of discovery, a motion for summary judgment might work. Usually, if they file a motion and you can beat it, you should consider filing your own because the cases are opposite sides of the same coin (mostly). In other words, if you can beat their motion, you can probably win your own motion. And that could be a shortcut to winning the case without even having a trial.