Can a Defendant's Pending Motion to Strike Be Set for a Hearing After a Motion for Summary Judgment Has Been Granted?

Asked about 1 year ago - Pensacola, FL

I am currently being sued by a debt collector. They filed a Motion for Summary Judgment and it was Granted, even though I appeared at the hearing and presented evidence and testimony which should have been sufficient enough to sustain the fact that a Motion for Summary Judgment should not have been Granted. However, prior to the hearing on the Plaintiff's Motion for Summary Judgment; I filed a Motion to Strike certain documents from their Pleadings as insufficient evidence. The question is this: do I still have the right to set a hearing on my Motion to Strike, or does the Granted Summary Judgment preclude me from doing so? Can I file a Pro Se Motion to Vacate the Summary Judgment until I can hire an attorney before the Plaintiff obtains the Final Judgment against me? Please advise.

Attorney answers (3)

  1. Barry A. Stein

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . Without seeing the pleadings it is impossible to answer your question. A motion for summary judgment would seem to make your M/Strike moot. No evidence is properly presented at a hearing on a summary judgment. That may be part of your problem. I dont know, that is a guess. You can file a pro se motion to vacate summary judgment if it was entered. You can file a motion for rehearing if the the judgment has been obtained. Follow all timeframes and be careful to appeal timely if necessary. Seek legal help asap.

    The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual... more
  2. Eugene P. Castagliuolo

    Contributor Level 16

    1

    Lawyer agrees

    Answered . So let me get this straight: You tried to pull your own teeth, and when the job proved a little more than you had bargained for, you took your pile of pulled teeth and your pliers to a dentist, and now you want him/her to fix everything? Look, you should have hired a lawyer from the get-go, especially with this type of case, where many lawyers (including me) will often take these cases with no out-of-pocket "up front" cost to you. Now I can't imagine any lawyer will attempt to fix this without fees "up front." Get out the local lawyer's directory and give it a try. I agree with my colleague who thinks the case is pretty much lost. Sorry, only callin' 'em as I see 'em.

    I often take cases other attorneys won't, so call me for a free consultation. My number is 727-712-3333, or you... more
  3. Robert Jason De Groot

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Probably not.

    R. Jason de Groot, Esq., 386-337-8239

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