Anyone file an answer, and NOT have a motion for summary filed by the plaintiff?

[optimistic1]

Answered a lawsuit a while ago, wondering if maybe the client has given up on paying their attorney more fees, or maybe I am just dreaming.

[HHM]

It is hit or miss with the motions for summary judgment.

A good way to tell if you will get one. If the original complaint was filed along with copies of the lending agreement, billing statements from your credit card, etc (not just an affidavit from a admin assistant), there is a good bet you will see a Motion for Summary Judgment since they have enough info to win on that. If the complaint was bare or simply had a meaningless affidavit from the junk debt buyers secretary, then you probably will not see a Motion for Summary Judgment.

[Bell30656]

Standard fare. They were really hoping for a Default Judgment when they sued you, now they are trying to get a Summary Judgment. It is so much cheaper and easier than actually having to go to court and attempt to prove what may be a really weak case.

*Note* You can submit motions yourself as well.

[albacore44]

file BK and be done with it. Worked for me.

[optimistic1]

ahh but my case is so complex, I will have to write about it when the dust settles albacore. It is a very interesting story, and it hasn't played out 100% yet.