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Thanks! Great info!

No, the Judge did not say which items caused him to deny the MSJ.

I based my response to their MSJ on 3 issues: 1)Their affidavit (which I believe that they are trying to claim account stated through) did not provide sufficient detail to support their claim. 2) That Plaintiff has not produced a valid contract, upon which a claim for damages could be based. Defendant has stated in the Answer as an Affirmative Defense that the Plaintiff has failed to state a claim on which relief may be granted. 3) Plaintiff has failed to provide any contract, any agreement bearing the signature of the Defendant or any itemized statements or billing of said debt which would constitute intimate knowledge of the creation of the debt, but rather have relied upon the submission in support of their claim of an affidavit an employee, possibly not an employee of the original creditor. At no time was the creator of the affidavit, or any of Plaintiff's employees present to witness any alleged acts or creation of the records of any alleged transactions occurring between the Defendant and Citibank N.A. Said affidavit falls under the hearsay rule and is inadmissible as evidence, and as such, the Defendant asks that the AFFIDAVIT OF _________ MADE IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT submitted by Plaintiff, be stricken from these proceedings. The Defendant, motions this court to compel Plaintiff, to produce the sufficiency of pleadings, as well as proof of standing, required to bring this action, to wit, to produce the original contract with ink signature of the Defendant and to produce the competent witness with first hand knowledge of the records attached as Exhibit “A” to Plaintiff’s Motion for Summary Judgment.

Thanks Flyerfan. I had found another case online in Ohio where they made an issue of not having a signed contract as their main defense. They stated that in Ohio you must have a valid, signed contract in order to sue for breach of contract.

Below is the conclusion I used to contest their MSJ. I am confused! The arguments I listed are what defeated the MSJ but now they are no good? Defendant opposes Citibank's motion for summary judgment on the grounds that (a) Citibank did not submit any evidence that a written contract existed; ( Citibank did not authenticate any account statements because its fact witness submitted only a conclusory affidavit with no detail and providing no information suggesting she had personal knowledge of Citibank's record systems; © Citibank submitted no evidence at all that account statements were mailed to the defendant. A party moving for summary judgment has the responsibility of informing the court of the basis for its motion and identifying those portions of the pleadings, depositions, answers to interrogatories and admissions on file with the affidavits, if any, which it believes demonstrates the absence of a genuine issue of material fact. Plaintiff has failed to discharge this responsibility in the Motion for Summary Judgment filed with the Court. The Motion does not set forth the True facts upon which Plaintiff seeks a summary judgment. Rather, the Motion states only “There exists no genuine issue as to any material fact.” Therefore, Plaintiff is not entitled to summary judgment as a matter of law pursuant to Rule 56 of the Ohio Civil Procedure.” The Motion for Summary Judgment should be denied as the motion is insufficient as a matter of law.

So, do I just give up and not even show up for court?

I am not looking for someone to write it. I just need to know what should be in it. I plan to attack two things: 1) they never have provided a signed original agreement stating that I agreed to their terms and conditions and to repay the debt (yes, I know about the Account Stated defense). 2) The affidavit they filed in support of their MSJ and purporting to validate my debt seems to be a "robo-document" signed by someone without personal knowledge of my debt and even states that the person who signed the affidavit "may or may not be employed" by the OC. I am going to try to say that this invalidates the "Account Stated" defense. I have no idea what the Trial Brief should look like or what information it should contain. I would be happy to provide more details if needed. Thank you for your replies.

The Plaintiff is listed as the OC. The suit was filed by a Law Firm that is a well known JDB.

Through the kind and thoughtful help on this forum I was able to defeat a MSJ and I am now scheduled for a trial date in 2 weeks. I have to send in a Trial Brief outlining my case. Can anyone help with form or advice on content? I am being sued for approx. $5,000 CC balance. I am worried if I lose (which a court ordered mediator told me I would) that they will be able to garnish my wages? Can anyone help me on that subject? Should I ask for arbitration? I believe that the attorney who filed is really a JDB and does not represent the CC company like he claims. How can I prove this or bring it up in court? Do I have the right to a Jury trial? If so, how do I ask for one? Any advice would be greatly appreciated.