Recently lost a lawsuit to a junk debt buyer. I have no official reason "why" from the court, but others have told me that I lost because I did not file an affidavit with my answers or motions. I tried to correct this with a "motion to vacate summary judgement". I was banged for an award of more than $12,000 without setting foot in a courtroom, facing a judge or the plaintiff. The plaintiff used what have to be fraudulent, altered papers to document his side. Can I file criminal fraud charges against him? Can I appeal this case to Superior Court if my "vacate" motion is denied? I feel as though I'm getting royally hosed on this and can not see why the judge did not dismiss this case.
As a general rule you should file affidavits in support of your response to a summary judgment motion. I hope you did include affidavits in your motion to vacate the summary judgment. You can appeal an adverse ruling on your motion to vacate, but it would be limited to whether the court was wrong in denying the motion to vacate, not whether the summary judgment was wrong.
It appears to me that you do not understand the technicalities of presenting your side to the court in compliance with court rules and procedures. If you want to prevail, you should get assistance of counsel.
This answer does not create an attorney-client relationship. It is advisable to consult with an attorney with full disclosure of relevant facts for a comprehensive leagl opinion.
There are avenues of appeal from a justice court determination in the event that motion to vacate the summary judgment motion is not granted. You can appeal to the Maricopa County Superior Court; however there are deadlines within which the appeal must be filed. If you are considering an appeal you need to research the timelines for when the notice of appeal must be filed or contact an attorney to assist you in this matter. Sooner is always better in seeking assistance of an attorney in a situation such as yours. Good luck.
This information is provided for general informational purposes and is not intended as legal advice. An attorney licensed in your jurisdiction can answer questions specific to your specific fact situation and provide you appropriate advice as necessary based on the specific facts of your matter and the jurisdiction in which you reside.
Just an added note, you only have 14 days to appeal a justice court decision to the superior court.
William Fife is an Attorney with Fife & Cesta, a compassionate firm conveniently located off the US 60 in Mesa, Arizona. The answers given here are based on the information in the question; for a complete answer you should have a consultation with an attorney you trust. Call now for a free bankruptcy consultation. We carefully evaluate your situation and give you real advice.
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