Summary judgement

Summary judgement is a judgment requested by either party. As you know there is a complaint and an answer. Either the plaintiff or defendant can file a motion for summary judgement. Usually the motion is accompanied by an affidavit, which is used to show that taking all the opposition's allegations as true, there is not a factual issue to be determined and no need for further evidence, and that the moving party is entitled to a judgement as a matter of law (a decision for the judge). If the creditor is successful, its judgement may become a judgement lien against all of your real and personal property. Real property is land, and personal property is any other kind of property (furniture, autos, boats, checking accounts, jewelry,etc.). A lien holder doesn't usually take your home if there is a mortgage, but if you sell your home the judgement lien will have to be paid before you can transfer title.