Heading to a Summary Judgment Hearing Filed By Debt Buyer “Investment Retrievers Inc”
We figured that today would be a good time to talk about a summary judgment, as I was heading to a hearing on this type of judgment.
A motion is where you ask the judge to do something.
We don’t call the court to file these motions, we do them in a written format and file them in the court system.
This way all sides see the request or the motion.
And the other side can oppose or respond to the motion/request if it wants to respond.
Motions come in many forms.
It could be to move the trial date — this is called a motion to continue.
Perhaps one party thinks the other party is not answering “discovery” in the right way — this is called a motion to compel.
But in this particular case, it was a motion for summary judgment.
A motion for summary judgment asks the judge to end the case.
A motion for summary judgment is where the plaintiff (the one bring the lawsuit), or the defendant (the one who has been sued), tells the judge that there’s no need for a trial because it’s obvious that one side will win.
This type of motion requests that the case is made to go away — there is a judgment that is summarily entered.
Whoever files the motion is saying that neither the facts or the laws are in dispute with the case, so the only reasonable outcome is to rule in the favor of the person requesting the motion.
However, the opposing side may respond and oppose it. In essence, the other side says, “Hold on just a minute, there are factual disputes to deal with here.”
Think of this in a car wreck case. I say I had a green light, but you say I had a red light.
That’s a dispute, and the jury will have to decide on who’s right.
Maybe a debt collector says they own the debt, but the consumer says that there’s plenty of evidence that the debt collector doesn’t own the debt.
A motion for summary judgment is simply asking the judge to rule in favor of one party because that party says it is obvious who must win the case.
In this particular case, the debt buyer claimed it was entitled to summary judgment.
It said my client (the consumer/defendant) owed money to an original creditor.
And that this particular debt buyer (Investment Retrievers, Inc.) had purchased the debt.
Investment Retrievers said there were no factual or legal disputes and it was 100% clear that the judge must rule in its favor.
I opposed this and said the motion should be denied.
This won’t shock you — we argued (among other things) that Investment Retrievers could not prove it owned the debt.
This is something we wrote about all the way back on May 15, 2007, in our blog post “Alabama Consumers Sued By A Debt Buyer — Two Essential Things To Remember.”
You see, these debt buyers or debt collectors claim to own the debt.
We simply say, “Prove it.”
In this particular case, we did not believe that Investment Retrievers Inc had proved it owned the debt.
The judge agreed with us and denied the motion for summary judgment
This does not mean the case is over — instead, it means that the case will go to trial. But it was nice to see the motion for summary judgment denied because if it had been granted, there would have been a judgment against my client.
If you have any questions, let us know!
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Thanks for reading, and have a great day.
PS — If you want to know more about debt collection lawsuits, here are some resources for you: