This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
It is much more difficult for plaintiffs to win this type of summary judgment. Rather than knocking out a single element to doom a cause of action, like a defendant, every element of each claim as to which the plaintiff wishes to achieve summary judgment must be proven by admissible evidence.
What is summary judgment? Summary judgment is a way for one party to win their case without a trial. The party can ask for summary judgment for part of the case or for the whole case.
A motion for summary judgment attempts to bring to a head the merits of the case or a part thereof on the basis of the pleadings (complaint and answer in most cases), together with affidavits and exhibits without the necessity of a trial.
A motion for summary judgment must be supported by affidavit, a copy of the pleadings, and any other available proof, such as depositions and written admissions.
Once the summary judgement is granted, the case ends there, and neither party will have to deal with the stresses of a full trial. At times, the winning party can ask for an award of costs or attorney fees from the other party unless those terms were already established in the summary judgment.
All judgments and court records are filed in the County Clerk Office in the County where the lawsuit was filed. You can go in person to the County Clerk Office in the County where you live to ask if a judgment has been entered against you. Most counties also allow you to search online.
If a Transcript of Judgment has been filed with the County Clerk, once the Debtor pays off the Judgment, the Creditor has a legal responsibility to prepare and sign a Satisfaction of Judgmentfor the benefit of the Debtor, so that all liens and record of Judgment can be removed from the County Clerk's office.
Declaratory judgments have the same effect and force as final judgments and are legally binding.