I have assisted clients in this situation many times. If you find yourself in this situation, it is not too late to hire an attorney but time is of the essence. If you have deemed admissions you will need to properly respond to the admissions, file a Motion to Strike the deemed admissions, respond to the motion for summary judgment within seven days of the hearing or submission date, and try to convince the judge strike the admissions. Unless you request a hearing and have the request granted by the judge, the motion will likely be heard by submission if requested by the creditor. Instead, they will set it for “submission.” This means that the judge will decide the motion in chambers after looking at the motion and any response.Ĭonsumers often receive notice of a judgment from the court and wonder how the decision was made without a hearing. Most creditors however will not even set the motion for hearing. If you did not respond to these questions one by one and in writing, then you have automatically admitted them. When you received the lawsuit, there may have been request for admissions that were imbedded in the petition. The most common type of summary judgment motion filed by credit card lawsuit collectors is a “Motion for Summary Judgment based on Deemed Admissions.” This motion is filed when the collector claims that you did not properly respond to their request for admissions. For more information on filing an answer please see my article on How Answer to a Summons in Texas. Many consumers think that all they need to do is file a written answer to the lawsuit and then they will get “their day in court” however this may not be true of the creditor moves for summary judgment. When a creditor files this motion, they are claiming there are no issues of material fact and there is no reason for the case to go to trial. If you have been sued for a debt in Texas on an old credit card, it is possible that the creditor attorney will file a Motion for Summary Judgment. Motion for Summary Judgment in Texas – Debt Lawsuit
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