Motion for Summary Judgment in Texas

If you have been sued for a debt in Texas on an old credit card, it is possible that the creditor attorney will file a Motion for Summary Judgment.  When a creditor files this motion, they are claiming there are no issues of material fact and there is no reason for the case to go to trial.

Many consumers think that all they need to do is file a written answer to the lawsuit and then they will get “their day in court” however this may not be true of the creditor moves for summary judgment. For more information on filing an answer please see my article on How Answer to a Summons in Texas.

The most common type of summary judgment motion filed by credit card lawsuit collectors is a “Motion for Summary Judgment based on Deemed Admissions.” This motion is filed when the collector claims that you did not properly respond to their request for admissions.

When you received the lawsuit, there may have been request for admissions that were imbedded in the petition.  If you did not respond to these questions one by one and in writing, then you have automatically admitted them.

Most creditors however will not even set the motion for hearing.  Instead, they will set it for “submission.”  This means that the judge will decide the motion in chambers after looking at the motion and any response. 

Consumers often receive notice of a judgment from the court and wonder how the decision was made without a hearing.   Unless you request a hearing and have the request granted by the judge, the motion will likely be heard by submission if requested by the creditor.

If you have deemed admissions you will need to properly respond to the admissions, file a Motion to Strike the deemed admissions, respond to the motion for summary judgment within seven days of the hearing or submission date, and try to convince the judge strike the admissions.

If you find yourself in this situation, it is not too late to hire an attorney but time is of the essence.  I have assisted clients in this situation many times.  I typically charge FLAT FEES to defend credit card lawsuits and we have payment plans.  Please call our office for a FREE consultation.

If you have a judgment that was rendered against you, please contact the law firm of Weston Legal PLLC by calling, emailing, or completing the contact form on this page.  We offer flat fees and payment plans.

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