Understanding Motions for

Summary Judgment

And How to Respond

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    Understanding Motions for Summary Judgment in Debt Collection Lawsuits

    If you’re being sued by a creditor or debt buyer, you may hear the term “motion for summary judgment” come up at some point in your case. This legal term can sound confusing, but it’s an important part of the debt collection lawsuit process—especially if you’re defending yourself as a consumer debtor.

    At Ginsburg Law Group, PC, we’re committed to ensuring our clients understand their rights and the legal steps involved in their case. Here’s a breakdown of what a motion for summary judgment means, why creditors use it, and what you can expect if one is filed against you.

    What Is a Motion for Summary Judgment?

    A motion for summary judgment is a legal request asking the judge to decide the case without going to trial. The party filing the motion (usually the creditor or debt buyer) argues that there are no disputed facts in the case and that they are entitled to win as a matter of law.

    In other words, they are saying:

    “There’s no need for a trial—based on the evidence, the court should rule in our favor right now.”

    Why Creditors File for Summary Judgment

    Creditors and debt buyers often use summary judgment motions to avoid the time and cost of going to trial. They will usually file one if:

    • They believe they have strong documentation of the debt.

    • You haven’t responded to the lawsuit or challenged the facts.

    • They want to pressure you into settling or giving up.

    They will attach affidavits, account statements, contracts, and other documents to support their argument.

    What Happens If a Motion Is Filed Against You

    If the creditor files a motion for summary judgment, the court will set a deadline for your response. This is a crucial moment in your case. If you don’t respond—or respond incorrectly—the judge may rule against you and enter a judgment for the full amount the creditor is seeking.

    But here’s the key: You can fight a summary judgment motion if there are genuine issues that should be resolved at trial.

    How You Can Fight a Summary Judgment Motion

    To successfully oppose the motion, you (with your attorney’s help) must show that there are disputed facts in the case. For example:

    • The creditor hasn’t proven that they own the debt.

    • The amount they claim is incorrect or lacks documentation.

    • The statute of limitations may have expired.

    • There is evidence of identity theft or mistaken identity.

    • The documents they rely on are incomplete, inaccurate, or inadmissible.

    Your attorney will help prepare a legal brief and may include affidavits, exhibits, or other evidence to demonstrate why the case should proceed to trial.

    If the Judge Denies the Motion

    If the judge agrees that there are disputed facts or legal issues, they will deny the motion, and the case will move forward—usually toward trial or further settlement discussions.

    If the Judge Grants the Motion

    If the judge grants the motion for summary judgment, a judgment will be entered against you for the full amount claimed (plus interest, court costs, and possibly attorney’s fees). This could lead to:

    • Wage garnishment

    • Bank account levies

    • Negative marks on your credit report

    That’s why responding effectively to a summary judgment motion is so important.

    How to Prepare If You’re Facing a Summary Judgment Motion

    If you receive a motion for summary judgment, here’s what to do:

    1. Don’t Ignore It – There are strict deadlines to respond, often within 20–30 days.

    2. Read the Motion Carefully – Look at the documents the creditor is relying on.

    3. Gather Your Evidence – Bank statements, communication records, billing history, etc.

    4. Work with an Attorney – You’ll need to submit a formal legal response to contest the motion.

    5. Ask Questions – Make sure you understand your options and what’s at stake.

    You Don’t Have to Face It Alone

    Motions for summary judgment are a powerful tool that creditors use to win cases quickly. But with the right legal strategy, many of these motions can be challenged—or even defeated.

    At Ginsburg Law Group, PC, we help consumer debtors navigate every step of the lawsuit process, including defending against summary judgment motions. We’re here to protect your rights and fight for the best possible outcome.

    📞 Phone: 855-978-6564
    📧 Email: debtdefense@ginsburglawgroup.com