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Fazzio Law Offices

What Should I Do if I Receive a Motion for Summary Judgment In The Mail?


When the bank moves for Summary Judgment, you are in trouble.  If you have been handling your own case, the bank is telling the Judge that they have enough evidence for the Judge to call the case in their favor without giving you any further chances to fight back or go to trial.  Think of Summary Judgment like a TKO in a boxing contest.  You are still standing.  You haven’t lost or been knocked out, but the Referee calls the fight, because you are too badly beat up to possibly win.  Once a Summary Judgment motion is granted, this is irreversible damage.  It takes a Herculean effort to raise your claims once the bank gets Summary Judgment.  It is not the end of the road, and since Summary Judgment is routinely granted in these cases, there are still options to continue the fight.  However, it means the loss of a host of critical opportunities to get your story heard by the Judge and to negotiate a favorable settlement.  You need to oppose this motion, and FAST!  You need to call an attorney right away.