Motion for Summary Judgement

[SobStory]

I need some advice here. We are self employed and our business fell off a cliff. We are eligible to file bankruptcy, Chapt 7 no asset. As an alternative, we are attempting to shortsale our home (it is under contract) and settle other debts. It will take a few years. We have a business that we are attempting to resucitate and feel it is better for our business to avoid filing if we can. If we can't avoid it, we will file.

I was served a complaint on a credit card debt. I had 20 days to reply. There honestly was not sufficient info for me to substantiate this. I believe I owe the creditor money, but can't verify the amount. The amount claimed was more than I made last year. I used a form letter to deny the debt.
The attorney suing has mailed me a Motion for Summary Judgement. Very long & complicated. Beyond my expertise to answer and I don't want to spend the money on an atty.
How do I answer a Motion for Summary Judgement?
Do you think it is OK to call the attorney suing me & tell them the truth, which is:
-- I'm not sure of the amount that I owe.
-- I cannot pay it.
-- I have no assets that are not underwater and extremely limited income.
-- If they, and other creditors, do get a judgement I will discharge the judgement in Chapter 7, no asset case.
-- I am willing to pay a settlement of 20 cents on the dollar.
If not OK to call the attorney suing me, is there a form letter I can use to reply? Right now I am focused on completing the shortsale of my home. At a minimum, I want to delay this case.
Thank you all for advice.

[StartingOver08]

Don't call the attorney. Go to this site and look under "Is there an Attorney in the house?" and it will give you specific help on responding to the attorney's request for SJ.
Link here: http://debt-consolidation-credit-rep...play.php?f=177

[HHM]

Beyond my expertise to answer and I don't want to spend the money on an atty.

Interesting point of view. You already know you can't do it, yet you don't want to hire someone who can. God, I hope never buy a house you lived in (e.g. I don't know how to fix plumbing, but don't want to pay someone to fix it).

Big picture, what is your end game with this debt (and your other debt)? Are you planning on filing bankruptcy? Are you employed? If you qualify for chapter 7, why bother paying any settlement. I never really understood the desire to PAY 20-30-40% to settle a debt if you qualify for a chapter 7 and can resolve the debt for ZERO %. I imagine the reason is the success of the marketing associated with debt settlement in making you believe (falsly) that debt settlement is not as damaging in your credit report, which is absolutely false. BK and debt settlement are equally negative on your credit report and BK brings more certainty to the status of the debt.

[SobStory]

Thank you Starting Over, That's a really helpful link.

[Bell30656]

If you want to see examples of actually objections to the motion for summary judgment just go on down to your courthouse and look up a few cases. You can then photocopy the documents that you need and revise as required.

I hope you don't have the same philosophy for minor surgeries... I don't know how to do it but don't want to use a doctor...