Voughndutch

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About Voughndutch

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  1. these kind of posts are exactly the kind of posts I am talking about. this post is all around confusing. I received a copy MSJ ruling in favor of plaintiff signed by judge via mail from law firm. I went to the courthouse the clerks gave me an order to show cause to vacate form, nothing has been signed yet. the ruling says 7-17-12 but i didnt receive the copy till the 8-16-12 that doesnt give me time to do anything.
  2. i am not mad at anyone, ive done my due diligence. i guess it wasnt enough, like seadragon said my posting was drowned out, nobodies fault really. understand that these JDB pretty much have a template for these cases and the know how and resources to cover their asses. I am just one person and a damn good researcher, but the information i got in my thread as well the research I put in, there wasnt a go to foundation to build on to structure an affidavit and if something was posted so many replies took it in many different directions, leaving one to really question its credibility. A lot of people have good information here. And there is a lot of good misinformation as well sometimes its hard to decipher whats what. I think that might be exactly what some may want.
  3. thanks for nothing, makes me wonder about this site. its kind of a double edge sword. If I a pro se can easily come here and search for info. Im sure JDB come here also for similar reasons. Good luck, to anyone here a lot of this is false hope and luck.
  4. my affidavit in opposition. The evidence presented in the plaintiffs's motion for summary judgement alleging ownership or assignment of the alleged account has no reference to the defendant or the account that is the issue of this instant action. Plaintiff has failed to satisfy burden of proof with evidence provided. thats everything no case law
  5. Their motion was pretty long is there any portion that you need from their motion to satisfy the info needed. My motion was short, I didn't even list any case law.
  6. and it was in favor of the plaintiff. It said something to the effect of Plaintiff proved standing with the Bill of Sale, prime facie(blah blah bs). The Bill of Sale was sketchy as f*ck. Didnt mention my account at all. I went to the court house for an Order to show cause to vacate the judgement. I want to fill this out the right way any help and suggestions would be a great help.
  7. I received a letter in the mail stating that CACH was granted the MSJ. Is this normal? Is it over now, can I appeal? If so how do I go about it?
  8. Sorry, I am new to this whole process, I understand what you mean when you say attack but I want to do this the right way. Do I file a motion? If so what kind of motion. Where can I find examples of these motions? I noticed the lawyer provided a lot of case law to support his claims, what's a good resource to find case law for cases like mine in NY State. This is site is my only help right now, as well a gut feelings and intuition. Just need some good realistic concrete pointers On this whole process. This is a learning experience for me.
  9. The format should have been good, from this process it would seem that the courts are pro consumer. I say this because the form was provided for me by the courthouse I just filled in my name, wrote my affidavit went to the notary put the date in signed and notarized it. My affidavit was somewhere along the lines of post #3.
  10. Few weeks back I was here seeking advice on how I should approach my affidavit in opposition to summary judgement. The advice was pretty good. I wrote up an affidavit combining the best of what you guys provided, which was a handwritten paragraph simple and to the point. Notorized it and sent a copy to the law firm by 6-1-12. 6-15-12 was the next meet/confer/hearing not really sure what these things are called. I was feeling confident because the lawyer was no where to be found when the schedule was being called, then at the last minute he popped up. Pssh whatever. Anyhow much like the other meet/confer there was a court appointed attorney, they basically go through plaintiffs Papers and try to see how legit they are. She looks at the papers as if it business as usual makes some smart remarks here and there about how the information was presented. She then reads my affidavit and ask me am I trying to be tricky do I really owe this money. She summerizes that my argument is hinting at or saying that the attorney lacks standing. She says he provided everything I asked for(I doubt she whole heartedly believes that ), which would be the sketchy bill of sale (unauthenticated), a sale file, and an affidavit in support from someone he claims works for the company(HSBC, Nevada) and has knowledge of my account (the person lives in Delaware ). With all that said, much like the court appointed attorneys she suggested a settlement of course I denied. She said I have no proof and he has a stack of papers of affidavits, motions, case law, sale files, statement printouts etc. She made the comment I need to get hot (I am in NYC we are currently experiencing a heatwave)and the meeting was ajourned till the trail date 7-10-12 9:30 am. What should my next best move be, looking for check mate. Oh yea before I forget before the meet/confer the lawyer handed a courtesy copy of a affirmation in reply to his msj, what is this about is this something more I need to counteract or worry about?
  11. Yes you are correct an Affidavit in Opposition to the MTS is what I have to provide before 6/1. Any good examples around that I could tweak? From my research on this site stating case law can help but, is it necessary in this affidavit? It might be needed in the future so I would like a headstart on caselaw thats supports my standing in this matter.
  12. I am working on writing my motion to strike summary judgement and I can't help but to feel like i am wasting time. As mentioned above in the timeline I asked for discovery, and in response CACH provided me with the "original" Contract(no signature), statements, bill of sale(sketchy no reference to me or the alleged account, not authenticated), a sale file(some of my personal info not authenticated), and finally an affidavit of sale of individual account by someone claiming to work for hsbc and claiming the would testify on facts in the affidavit(notorized in the state of delaware). My question to any legal professionals on this board is, am I wasting my time? I feel like they pulled out all the stops on this one. NOt trying to be negative but my aim was never to get off easy, it was to learn more about the law and have these people fight tooth and nail for this money that they claim I owe them after badgering me, using scare tactics, and being unfair when I asked to settle prior to all of this. Any useful information and experienced insights are greatly appreciated thanks in advance.
  13. Well I just got home from the courthouse not too long ago. Much to the dismay of the CACH attorney I was granted the right to file a motion for summary judgment. I have to get it in by 6-1-12. Any advice would be greatly appreciated.
  14. I would like to know what my options are. I thought I had more time, but something told me to check the manilla envelope they sent me and I have to appear in court 5-14-12 9:30AM for an MSJ hearing. Here is the timeline in brief. I live in NY state, Queens County Early last year Cach LLC called and harassed me, and my mother about a debt. I tried to settle, cach bullied me, the terms were not fair. sent out debt validation letters they did not reply in 30 days(cannot prove mail wasn't certified) they sent envelope with account statements I mailed them a letter back, stating I needed more proof. they filed motion for lawsuit I responded with answers General denial I do not have business relationship with plaintiff Unconscionability Other: Harrasment [*]Conference was scheduled soon after [*]During the conference a trial date was set [*]I filed a motion for discovery [*]plaintiff filed motion for MSJ how do I strike the summary judgement?