Granted Motion to Drop Summary Judgement for CC Debt by Court (Indiana)


New Member
I was very stupid in my 20's, and racked up some CC debt that I never paid off. I was served a Motion for Summary Judgement and responded within the time frame necessary. However, I was served a Motion to Enter Summary Judgement by the Plaintiff a few weeks later claiming I had not responded. Not long after, I was served the official court date in the mail. I responded back stating I had responded to the motion, and gave the Courts and the Plaintiff the tracking numbers to prove it. I asked the courts to drop the case. I was then served again by the courts stating they were now going forward with a Motion to Dismiss Summary Judgement. This court date is set for next week. Is the premature motion to enter summary judgement by the Plaintiff enough for me to win this? I want to be prepared for this as I have no attorney.
Did you serve a copy of your response upon the other party?
Is the premature motion to enter summary judgement by the Plaintiff enough for me to win this?

You apparently have no idea what a summary judgment is.

Summary judgments are designed to expedite lawsuits without a trial when there is no genuine dispute as to any material fact and that the movant is entitled to judgment as a matter of law.

That you have a court date to resolve the motions means that the judge will decide if summary judgment is appropriate or not.

Here's an example that might apply to you. Your opponent says you owe $5000. If you have no defense the court will award the plaintiff the judgment for $5000.

If you respond that you don't owe $5000 and you have evidence (not just sayso) that you owe less, the judge will deny summary judgment and you'll go to trial where both sides have to submit evidence to prove their claim.

If you owe any part of the debt you're going to lose anyway. It'll just be a matter of how much.

Now, some questions. Answer each one if you want more help.

What date did you default on the debt? Please try to be accurate. Look on your credit report if you have to.

What date was the lawsuit filed?

How much, in dollars, are you being sued for?

Is that amount the amount that you defaulted?
A successful chapter 7 bankruptcy action before a federal bankruptcy court and judge (if you qualify) is the ONE sure fire way to rid yourself of ALL those pesky judgments.

You might wish to investigate IF you qualify to file a chapter 7 bankruptcy action:

https://www.indianalegalservices.or...rmation about bankruptcy - PDF Brochure_0.pdf

Filing for Bankruptcy in Indiana

What Is Chapter 7 Bankruptcy? - How to Qualify & File

Chapter 7 Bankruptcy Indianapolis IN | Perez & Perez Bankruptcy.

Indiana Bankruptcy Means Test – Chapter 7?