Summary Judgement Granted...Now what???

[PhxGuy623]

What is the name of your state? AZ

A little background...Served for a 5 year old credit card debt. Filed and answer with a defense of SOL.

Need some advice...I got paperwork stating a motion for Summary Judgement has been granted. Am I correct in my understanding that this means a judgement has not been made, just granted the plaintiffs motion to proceed with a summary judgement?

I was never notified that the plantiff had made this request. Is there any reason why I would want to fight it? (can I know that its been granted) My only defense is SOL and it pretty much comes down to the judge to rule if credit cards are open or written account. Nothing I present is gonna change the judges mind I dont believe since I am sure its not the first time this defense has been used.

Any advice would be appreciated.

[Happy Trails]

MOTION FOR SUMMARY JUDGMENT - A request made by the defendant in a civil case. Asserts that the plaintiff has raised no genuine issue to be tried and asks the judge to rule in favor of the defense. Typically made before the trial.

"Each element must be supported in the same way as any other matter on which the plaintiff bears the burden of proof, i.e., with the manner and degree of evidence required at the successive stages of the litigation." Id. In order to defeat a summary judgment motion, the nonmoving party may not simply rely on his pleadings but must present some evidence on every material issue for which he will bear the burden of proof at trial. Celotex Corp. v. Catrett, 477 U.S. 317, 324 (1986).

Information from: [url]http://www.lectlaw.com/def2/m043.htm[/url]

Sounds to me you are the one that made the motion for a summary judgment and you were granted it. Well, that is my understanding of the above definition.

Stand by for other opinions.

[PhxGuy623]

Strange that it has the definition. It states right on the document "Plantiffs Motion for Summary Judgement" and in someone handwriting it says "Granted".

[Happy Trails]

Originally Posted by PhxGuy623

Strange that it has the definition. It states right on the document "Plantiffs Motion for Summary Judgement" and in someone handwriting it says "Granted".

That doesn't sound good.

But stand by or check back there are some wise people that may have some input.

[Happy Trails]

You can read this thread where ellencee gives a better definition of a "summary judgment".

[url]http://forum.freeadvice.com/showthread.php?t=319516[/url]

[Chien]

On the facts posted, you've lost the case and judgment has been entered against you.

"Motion for S/J granted" doesn't mean that they get to proceed; it means the Court has ruled on their motion.

You might want to look at the court file and try to determine if, in fact, "I was never notified that the plantiff had made this request." You were certainly entitled to Notice, even if you had no counterarguement.

[PhxGuy623]

Originally Posted by Chien

On the facts posted, you've lost the case and judgment has been entered against you.

"Motion for S/J granted" doesn't mean that they get to proceed; it means the Court has ruled on their motion.

You might want to look at the court file and try to determine if, in fact, "I was never notified that the plantiff had made this request." You were certainly entitled to Notice, even if you had no counterarguement.

When I look at the file online it does not show any amount owed or what the amount of the judgement was. It just shows the the motion was granted. Also there is place on the form they sent me which talk about "judgement in the amout of..." but everything is blank. Which would lead me to believe no judgement has been made.

[Kanchazi]

Summary Final Judgment $ 0.00
Affidavit As To Costs
Affidavit As To Interest
Order Granting Motion For Summary Judgment This is date of actual Judgment
Affidavit Of Proof(claim)
Motion For Summary Judgment
Notice Of Hearing- Special Appt
Notice Of Hearing- Motions
Answer Attorney:88888888 Dn01
Text

Example

[Chien]

When I look at the file online it does not show any amount owed or what the amount of the judgement was. It just shows the the motion was granted. Also there is place on the form they sent me which talk about "judgement in the amout of..." but everything is blank. Which would lead me to believe no judgement has been made.

Ok, no point in disagreement based on speculation. Call the Court and ask. My guess: there is either a judgment based on the crediitor's original allegations or there is all that except a pending motion to tax costs.

When you learn what you need from the Court, post back. It will undoubedly be enlightening to present and future readers.