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    lcich75's Avatar
    lcich75 Posts: 2, Reputation: 1
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    #1

    Apr 4, 2010, 06:12 AM
    HSBC Motion of Summary Judgment
    I am being sued by HSBC. I recently received a Plaintiff's Motion Summary Judgement from the court and would like to know where I go from here. I am enrolled in a debt settlement program with a company that has offered several settlements, all which have been rejected. I owe about $860 and would be able to settle for a little over half. How do I convey this to the court? I don't want the court to judge in their favor without hearing my side. I am really trying to avoid having my wages garnished. Can anyone help?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Apr 4, 2010, 07:08 AM
    Quote Originally Posted by lcich75 View Post
    I am being sued by HSBC. I recently received a Plaintiff's Motion Summary Judgement from the court and would like to know where I go from here. ... Can anyone help?
    In response to the motion for s.j. the judge doesn't care about any of that settlement negotiation information. What you need to bring up is defects in the plaintiff's case that would make summary judgment inappropriate. Has the plaintiff presented sufficient evidence to prove all elements of his/her/its case?

    By the way - is this a small claims case? Summary judgment isn't usually used in small claims court.
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