I dont known how to respond to this ?

[legaleagle]

SUPREME COURT OF THE STATE OF NEW YORK


Here's the format, just change it to suit your case

[valorman]

Originally Posted by BV80

Read your RCPs regarding summary judgment. In my state, we have to file an Opposition to Plaintiff's Motion for Summary Judgment. If that's what your rules require, you can find samples on the internet. You'll address the reasons they believe they're entitled to summary judgment, and show why they're not entitled. It's a good idea to include case law to back up your arguments.

As 1stStep pointed out, since discovery isn't completed, include the discovery rule that addresses that issue.

You stated in post #7 that they have "(3) A bill of sale written on a plain paper by some vice president of HSBC mentioning exhibit A as bill of sale.On The exhibit A at on corner its shows my name address,card #and last 4 digits of my SSN.the rest of the paper is left ink black nothing showing on it."

Was that a bill of sale from HSBC to the JDB?

I have crafted all these facts as you mentioned on my motion to strike the summary judgement ,but i was unable to find case laws supporting the facts.
I wish I could have more time from my working schedule.I dont understand what that ink blacked paper is it does not have any other namer but just my name my phone number address and last four # of my ss#.Jdb said its Exhibit A bill of sale

[valorman]

Originally Posted by KentWA

You also stated they told you there is no contract. You will want to point out that Plaintiff is suing under breach of contract and is unable to produce said contract. As a matter of law they can not prevail without the contract.

When you object to an MSJ you want to attack their arguments in as many possible ways as you can. That way if one argument does not work,you have 5 or 6 more to get their MSJ thrown out.

I did exactly as you said.I pointed out that in the request for production of documents Defendant requested strict proofs contract assignment bearing defendants signature and plaintiff has failed to establish such documents.Then i argued each and every document,pointing those are hearsay,fake,computer generated copies crafted by employees of plaintiff.no notary,no phone number,no address,no defendant name etc.also

I don't no how i had to address this issue to court.When i requested the document from jdb I was sent some documentation but when they file the motion for summary judgement they included few more (1) a statement from hsbc employee having knowledge about this account,the header say military service record but the document is phrased with the testimony of hsbc employee.Can Some one put a light on this please,and how do i have to object this? jdb is suppose to send me all the documents when i requested them
i dont think they can produce a surprise without sending it to me right?

[valorman]

Originally Posted by legaleagle

SUPREME COURT OF THE STATE OF NEW YORK


Here's the format, just change it to suit your case

thanks a lot legaleagle i was looking for this.I really appreciate this help

[BV80]

Originally Posted by valorman

I have crafted all these facts as you mentioned on my motion to strike the summary judgement ,but i was unable to find case laws supporting the facts.
I wish I could have more time from my working schedule.I dont understand what that ink blacked paper is it does not have any other namer but just my name my phone number address and last four # of my ss#.Jdb said its Exhibit A bill of sale

Here's NJ case law regarding a valid assignment:

"In order to effect a valid assignment it is fundamental that there must be evidence of an intent to assign or transfer the specific thing or debt and the subject matter of the assignment must be described sufficiently to make it capable of being readily identified." Transcon Lines v. Lipo Chem., Inc., 474 A. 2d 1108 - NJ: Superior Court 1983

[legaleagle]

http://www.lawrenceweinberg.com/samples/brief.pdf


This one may work better. Sorry, I thought you were in New York, damn print on this site is too small. Here's a link to Google Scholar, tons of cases involvng summary judgment, a bunch of them involve jdbs, you'll see some on the first page.

summary judgment assignment "credit card" - Google Scholar

[valorman]

Originally Posted by BV80

Here's NJ case law regarding a valid assignment:

"In order to effect a valid assignment it is fundamental that there must be evidence of an intent to assign or transfer the specific thing or debt and the subject matter of the assignment must be described sufficiently to make it capable of being readily identified." Transcon Lines v. Lipo Chem., Inc., 474 A. 2d 1108 - NJ: Superior Court 1983

Thanks a lot this helps good

[valorman]

Originally Posted by legaleagle

http://www.lawrenceweinberg.com/samples/brief.pdf


This one may work better. Sorry, I thought you were in New York, damn print on this site is too small. Here's a link to Google Scholar, tons of cases involvng summary judgment, a bunch of them involve jdbs, you'll see some on the first page.

summary judgment assignment "credit card" - Google Scholar

wow a great help sir very very comparative.Last night i draw the opposition and submitted to court. I attack each and every evidence they had.Nothing was able for me without the help of you guy here Thanks a lot.Now lets see how they respond.
I am thinking to file dismissal with prejudice onfile as soon as possible. some one in the forums suggested because when the JDB cant win they just withdraw and dismiss their case,but the reporting stays for years on credit reports if its not with prejudice.Is that correct?

[KentWA]

That is not correct. Your Credit Report does not reflect court cases unless they win a default. If you are referring to them reporting a collection account it is possible, but they are likely to back off since you have fought them.

[skydivr7673]

Guys, I know I'm a little late on this one, but I do not understand why anyone would be looking at Colorado SOL. The suit was filed in NJ, the OP lives in NJ, NJ law applies, not Colorado. NJ SOL would govern this account, no?

The only way I know of that it would be different is if a contract existed that stated that the agreement would be governed by the laws of the State of ___, but since the JDB cannot produce a contract, there is no way to enforce or even claim such a stipulation. The SOL that applies is the SOL for the state you live in. NJ's SOL is 6 years. The charge-off date is also not where this begins, it is when the account first became delinquent, isnt it?

[legaleagle]

Apparently the JDB is in Colorado. He's a bit confused here. I asked him who issued the card and he said Direct Merchant's Bank. I have no clue where they are, he didn't say when I asked him. Maybe he doesn't know. SOL will depend on where the lender is. There is a bank with that name in AZ, maybe that's them, we are not psychics.

[valorman]

Originally Posted by legaleagle

Apparently the JDB is in Colorado. He's a bit confused here. I asked him who issued the card and he said Direct Merchant's Bank. I have no clue where they are, he didn't say when I asked him. Maybe he doesn't know. SOL will depend on where the lender is. There is a bank with that name in AZ, maybe that's them, we are not psychics.

yes legaleagle i didn't understand when you ask me who issue the card.its been quite some time and i don't know where this bank was neither i found any old bank statement.I only found a copy of the credit card which i made in year 2008 to send to jdb.
Its right sol in nj is 6.

[valorman]

Today I have received a very simple on line letter from jdb attorney saying friendly letter.If you call this ####### monday through friday we can discuss and we can mutually resolve the issue in hand.
is this a new jdb trick or they are thinking they already have won the case?.

[valorman]

Originally Posted by KentWA

That is not correct. Your Credit Report does not reflect court cases unless they win a default. If you are referring to them reporting a collection account it is possible, but they are likely to back off since you have fought them.

well this does not happen with me in the previous case 4 years ago .portfolio did the same trick and when i ask cra to remove and sent them dismissal of complaint.they did not remove it.Now either i file case again against them or just sit back because CRAs don't want to listen.that's what mistake i made.They withdraw the case that does not mean they can not sue me again
unless its with prejudice.any civil case go both ways claim and counterclaim.
I am not a lawyer but that's my understanding is.

[legaleagle]

You have to get this information for us. Did you ever live near Arizona? Why would you have a credit card issued by a bank in Arizona if you live in New Jersey? You have a copy of the credit card? Post it, I'd like to see it. That will tell us who issued this card and to whom. The fact that the JDB is in CO leads me to believe you lived in that area at one time and moved. Nothing else makes sense.

[valorman]

Originally Posted by legaleagle

You have to get this information for us. Did you ever live near Arizona? Why would you have a credit card issued by a bank in Arizona if you live in New Jersey? You have a copy of the credit card? Post it, I'd like to see it. That will tell us who issued this card and to whom. The fact that the JDB is in CO leads me to believe you lived in that area at one time and moved. Nothing else makes sense.

I never lived in arizona and never lived in CO either.Thats what I explained to JDB for the validation of debt that i never had credit from the creditor you are listing as creditor.Now in my case the original creditor is different.They bring HSBC as they have bought the original creditor and originally the credit card is issued by third entity.its been almost 5 years this jdb waited to sue me.Now because of the time passed i have no proofs but just few postal receipts sent to jdb and the original creditor for validation in the year 2008 and which they never replied.

[valorman]

Today the Monday i went to court to see if the judge has made a ruling on the summary judgement and on my motion to strike plaintiffs submitted documents.None has been ruled yet.today i am sending a letter to jdb attorney to complete the interrogatories and admissions or i will file a motion for litigants rights.while i was with the court clerk some one pointed that judge can hold the ruling until the hearing date which is march 22nd.Now i am little confused.
(1) If the judge grant the summary judgement against me then what next i have to do?
(2) also if the summary judgement against me is denied what next i have to be prepared for?
some one advise me please?.

[Coltfan1972]

Originally Posted by valorman

is this a new jdb trick or they are thinking they already have won the case?.

They are just trying to do what about 95% of cases do, settle out before trial.

You'll get an offer to settle in 99.9% of cases. Shoot, even the state will try to settle or "plea out" a capital murder case.

A sure fire guarantee is better than the unknown, is the general mind set.

[legaleagle]

I never lived in arizona and never lived in CO either.


But you get sued by a CO JDB for an AZ bank? Well, this is either a case of mistaken identity, or option B. Everybody here knows good old option B, you know, when that little bell goes off. Maybe it's just me.

[valorman]

well after a long hurdle today i go to the court and i was told by court clerk that Plaintiffs motion for summary judgement has been denied and judge has adjourned the case .My thanks to all those who help me get to this point here in these forums.

Judge Ruled That after a fair consideration motion for summary judgement has been denied with prejudice
facts the plaintiff has not supplied the requested interrogatories and admissions to defendant
as time prescribed by R6:4-4 defendant can file a formal motion to dismiss the complaint.plaintiffs motion is not ripe for summary judgement.


well the R 6:4-4 is about rime prescribed for interrogatories and admissions but how much time? can some one guide me to that?.I know the jdb is not going to send me interrogatories and admissions so i have to file a motion to dismiss the complaint.I sent them interrogatories and admissions on Feb 17 so how much time do i have to wait more?