Only a bankruptcy attorney can help you then

Posted by begoodorelse (66.207.255.28) on February 27, 2004 at 12:10:57:

In Reply to: Can an attorney REALLY help if we have no argument? posted by Question on February 27, 2004 at 04:48:03:

If you really owe the debt and they can prove it, about all you can do is discharge it in BK.

Summary judgment, like they say, means the facts are not in dispute and one side or the other should win as a matter of law without having a trial. To beat a summary judgment, the other side (you) must show that if the facts are not disputed, then the law favors you; else, show that the facts ARE in dispute and there needs to be a trial to settle it. If you can't do either, you're hosed. Summary judgment is different from a default which is where you got served but didn't file an answer or respond in some other acceptable way, which in turn is different from a default judgment, where the judge looks at the court file, sees the default papers, and says okay plaintiff, you win as much as you can prove, and here's your judgment. The only way to vacate a default or default judgment is to show you weren't served with process properly. Wish there was more I could do for you.

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