What is a summary judgment motion in a collection lawsuit?

Often if you have been sued in Circuit Court in Alabama you will face a "motion for summary judgment" so let's talk about that for a moment.

A "motion" is simply a written request asking the court to do something.

"Summary judgment" is asking the court to rule -- to enter judgment in favor of the debt collector. The basis is that no reasonable judge or jury could possibly rule in favor of the consumer.

So the collector gives evidence and arguments to the court and if they do this correctly, then the burden of proof shifts to you to show the court that there are factual disputes that must be solved at trial. And/or that the law does not support what the collector is arguing.

Here's where it can get challenging if you are representing yourself in Alabama. You have to not only follow the substantive law but also the rules of civil procedure.

When and how and where do you file your opposition to the motion for summary judgment? If you get this wrong, you lose and judgment will be entered against you.

If there is judgment entered against you then there is no trial. There is no "day in court" because the summary judgment is your day in court.

The biggest danger in circuit court is facing this summary judgment because normally consumers (represented and un-represented) often don't follow the rules in responding to the motion. So make sure you follow the rules and appreciate the danger facing you so you can make your best defense possible.

John G. Watts
Watts & Herring, LLC
Birmingham and Madison Offices in Alabama
We represent consumers from all parts of Alabama

"No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers."

[MissionaryInMexico]

Doesn't this go against due process to ask for an early summary judgment? Whether it's pushed by the plaintiff attorney or by the judge? Then again, this looks like an opportunity for discovery.

[MissionaryInMexico]

What if, you're out of the country and delayed because of dire medical reasons, and won't arrive I the city until 2 days before trial? I have no way of knowing what they're doing.

[oliviadetweiler]

Hi there, thank you, this video is very helpful. Question though, I’m being sued by a debt collector and have just recently been notified of their filing a motion to summary judgement. After answering their summons, they sent me a request for production of documents, interrogatories, and request for admissions, all to which I responded to afterwards. In the motion for summary judgement, they claim that I never responded to their requests for admissions, so I’m planning on opposing that with copies of the return receipt and the document. But what would you advise me to do in addition to that? I understand that the affidavit they submitted ( even though my account or name is nowhere on it) can be considered admissible evidence. Is there any way they would settle before the motion is administered or should I just submit my opposition and hope for the best? Thanks bunches.