Motions Pack Library
Motions are usually key turning points in any litigation. That’s because they are the formal way parties ask the judge to take some particular action – to kick out certain claims, to allow or disallow some crucial piece of evidence, to vacate a default judgment and let you defend yourself, or to grant a summary judgment and end the case.
The judge reads your arguments, considers what you want and what the law says, and makes a ruling. With so much riding on what the judge does, you need to get it right. We have a selection of Motions Packs that will help you do just that. Click on the Motion you’re interested in to read more.
If you are being sued on a debt and are either needing to file a motion (for example, to dismiss or vacate, or to defend against any motion), then you probably need both the Litigation Manual and the particular motion pack that applies to the particular motion. The Manual helps you understand motions and the law enough so that you could figure out how to one yourself… but the Motions Packs are really designed to show you how, in detail, the motions are done. They do not repeat the material in the Manual. And you must not make the mistake of believing that just because any motion has been filed, that will stop you from needing to prepare for the case. Motions normally do not affect other deadlines in your case.
Motions to Vacate are the means you would use to set aside a default order or judgment so that you can go ahead and defend yourself. Time is always critical on these motions, as you would only file them if there was already an order or judgment in place. These are not intended to be used as a way to get the court to reconsider an earlier ruling. Rather this is intended as the way you try to get permission to file an Answer when you previously missed your opportunity.
Motions to Dismiss are – or can be – also time-critical. You would normally file a motions to dismiss at the very beginning of a case, before answering the petition. You do this for two reasons – because on certain types of motions to dismiss you will lose the right to dismissal by answering (you are considered to “consent” to the court’s right to hear the case against you) and because if you win a motion to dismiss you will no longer have to worry about, or work to defeat, the part (or all) of the case you get dismissed. For these types of motions to dismiss, then, you need to file before answering, and that means before the Answer is due. But not all motions to dismiss are time-sensitive. Some can be filed at any time. Click here for a full discussion on motions to dismiss. Or click here if you want to hear more about or purchase the Motion Pack.
If you’re coming up against a brick wall of resistance from the debt collector when you try to get answers to your questions and other discovery requests, you will probably want the Motion to Compel Pack. It shows you how to pursue the other side and takes some of the drudgery out of the process for you. You will need this to keep your case moving so that the debt collectors don’t surprise you at trial with unexpected evidence.
It seems that more debt collectors are filing motions for summary judgment than used to. They will always do so if you forget to answer their discovery and requests for admissions, but it seems like a lot of them are now just hoping to get you tangled up in the motions process and steal a victory. Don’t let them do that. You can defend yourself, you just need the time and patience to do it. This motion pack will help you put your response together. It will save you time and worry, but don’t be fooled – chances are responding to a motion for summary judgment will take some effort. This product will help guide your effort and maximize your chance of winning.