Common Summary Judgment Mistakes Made By Lenders
Creditors, lenders and collectors have a way of making you feel beat down, vulnerable and hopeless. They can make you feel like you’ve lost the battle before you even begin. But this is just another predatory tactic they use to put fear into you and make you feel like you have no chance of beating them in court.
You always have leverage, and in some cases, you may have more a fighting chance than you expect.
A summary judgment—or a judgment without a full trial—takes place in many credit cases or foreclosures. Often times you are facing giant foreclosure or credit mill law firms. These firms have no vested interest in you, just getting the money they think they deserve, and so they may be less careful in court proceedings. These firms can end up making mistakes that can cost them the judgment.
Here are some of the common mistakes made by lenders
Failure to Disprove Defenses
If you file any counterclaims, it is up to the plaintiff, lender, or representative to disprove all of your affirmative defenses. If the lender fails to address your defenses, or even addresses some but not all, then the case is lost for them. If the lender fails to present admissible evidence or show that your defenses are legally insufficient, then, again, the case is yours.
Failure to Produce Evidence of the Amount Owed
In a summary judgment, the plaintiff must present evidence of the amount they claim you owe. However, if they fail to produce the documentation that established their claim on how much money you owe, then this evidence becomes inadmissible. Essentially, without the proper documentation, the amount owed becomes hearsay and can’t be presented as evidence.
Before you give up and lose hope, and especially before you decide it’s not worth your time to show up, know that there are many ways the case can still work in your favor. You can file a defense or counterclaim and it is not guaranteed at all that the creditor’s or lender’s case is rock solid, as demonstrated in this blog.
You deserve to have someone in your corner who knows the tactics these law firms use. We can help you navigate this ordeal and get you what you deserve. If you have any questions about how best proceed with facing summary judgements with a lender, contact us today.