Many years ago, when I was a young attorney, my future business partner told me a funny story. But before I share it, let me lay the foundation: A Motion for Summary Judgment is a type of written motion that asks the court to issue judgment or partial judgment, without a full trial, for a particular specified reason. A motion for summary judgment needs to convince the judge that one party must win because of this law and these facts and nothing else matters. It allows the judge to decide a case on the face of the document. In debt collection litigation, as well as many other sub-specialties of litigation, Motions for Summary Judgment (known as MSJs) are very common.
So, to begin our story, a well-established debt collection attorney, Jane Woodworth, told her client she would be filing a Motion for Summary Judgment with the hopes that her motion would convince the judge they should win without having to prepare for a trial. Shortly thereafter, Jane got fired! It was the only time in her career a client fired her. She received a scathing email from her client who was convinced she was not fit to practice law. He found, after searching online, that the Motion for Summary Judgment was denied! How could she not know this! He had no clue that he had searched a common legal term and tripped over a result from some random case.
While the internet can offer a ton of helpful advice about debt collections, it cannot tell a lie from a truth, and it cannot read between the lines. You cannot learn the dance of negotiation online or be taught how to recognize stall tactics. You can’t research how to calm your opponent or how to convey the finality of a deadline.
Don’t google your debt collections. Call a professional at Frisella Law Firm, (508) 344-2108
