Civil Trial - How do I respond to a motion for summary judgment in California?

I am being sued by a debt collector and can't afford to hire a lawyer. They sent me a motion for summary judgment where they now say they want the judge to award them 5 times the original debt. I assume I need to send some written reply but the whole legal system seems very Byzantine to me. Can I just send a letter to the court, or do I cc the plaintiff as well? What is the proper protocol? Many thanks in advance.Civil Trial - How do I respond to a motion for summary judgment in California?You can't send a letter to the court. You must file a response in the proper format for your jurisdiction. Your response must include evidence of how much the debt actually is. If they have proof that it is one amount, and your proof is for another amount, the motion is denied and the case goes to trial.



This is going to be very, very difficult for you without a lawyer. Contact the bar association in your area and see if there are any resources available to assist you.



EDIT - I am a California attorney. You absolutely do HAVE TO RESPOND to the motion. If you don't, the debt collector will be awarded a summary judgment against you for the full amount they claim. It will NOT go to trial--judge, jury or otherwise--unless you respond to this motion.Civil Trial - How do I respond to a motion for summary judgment in California?You really do not have to answer the motion. This is just telling you that they want the judge to rule on this matter and NOT A JURY. If you would rather have a jury trial you can answer the motion with a counter motion for a jury trial.



You really need to see an attorney--they can work something out for paying on time (the attorney will usually delay the proceedings until you have paid a set amount). See if you can find a Self Help Legal Service to assist with paper work.



Dr. Tommy Skelton, LL.BCivil Trial - How do I respond to a motion for summary judgment in California?The proper protocol is to write a brief in opposition to the motion, which, let me tell you, is a gargantuan pain in the ***.



That said, go here:



http://www.lawhelpcalifornia.org/CA/inde鈥?/a>



The legal aid can help you for either free, or really cheap. All the best :)