Cateye12

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About Cateye12

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  1. thank you started one please view "Recv'd Midland Funding MSJ and Brief in support Guidance plz if I still have time."
  2. I haven't typed anything up, I was afraid it was to late. I've read other post but felt since opt to not reply back it was a done deal. I looked online and it says this: Friday, October 19, 2012 at 12:30 PM Plaintiff's Motion for Summary Judgment(MOT) Friday, November 16, 2012 at 13:30 PM DISPOSITION HEARING DOCKET(DHD) Does this mean I need to attend or wait for a letter in the mail? I'm freaking out
  3. Here is the MSJ Motion for Summary Judgment and Brief in support Plaintiff hereby moves the Court, pursuant to 12 OS****, for entry of Summary Judgment in favor of Plaintiff for the relief demanded in Plaintiffs Petition, for the reason and on the ground that there is no genuine issue as to any material fact in this action and Plaintiffs is therefore entitled to judgment as a matter of law, as appears from the pleading, admissions and affidavits on file herein. In support of said motion, plaintiff shows the court as follows: Statement of undisputed material facts 1. Defendant entered into a written agreement with Chase Bank /heritage First account number 1232424354354 2. Defendant did no pay as agreed and defaulted, and remains delinquent and in default. 3. Suit was filed within five years of Oct. 2008 4. Plaintiff is entitled to judgment in the sum of a. Principal amount : $ 4**** b. Court costs and process server fess $*** c. A reasonable attorney fee of: $**** d. Payments made prior to judgment in the amount of: $00 e. Total judgment about: $******* f. Interest will accrue as authorized by 12 O.S at the statutory rate, from the date of judgment until the judgment is paid in full. 5. The debt remains due, owing and unpaid after demand Argument and authority Summary process focuses not on the facts which could possibly be proven at a trial on the merits, buy only on the evidence tendered to the court for consideration. If such evidence reveals undisputed material facts supporting judgment in favor of the movant, summary judgment is appropriate. Julian v secured inv. Advisors. 77 p.3d 604,606 (okl.app. 2003) Polymer fabricating inc. v Employers workers comp a$$ 980 p2d 109 (okl 1998). A ruling on a motion for summary judgment must be made on the record actually presented to t count, not on one that is potentially possible at a later date. Coble v bowers 809 p 2.d 60 (okl app 1990) weeks v wedgewood village, Inc. 554 p.2d 780 (okl 1976).”Mere allegations in a pleading which are unsupported by evidentiary material will not defeat a motion for summary judgment that is otherwise good” Deutche bank nat’ l trust co vs Daniel 217 p 3d 127,132 (okl app 2008) Weldon v dunn, 962 p 2d 1273 (okl 1998) Plaintiff issued requests for admission pursuant to 12 os, requiring a response no later than 30 days form receipt thereof. Theses request for admission are attached hereto and incorporated herein by reference. No response to the request for admission has been forthcoming and the required time under Section 3236 has more than passed. That section states “The matter is admitted unless, within 30 days after service of the request….the party to whom the request is directed serves upon the party requesting the admission, a written answer of objection…the request for admission make out a prima facie case in favor of plaintiff, entitling plaintiff to judgment as a mater of law. See also engle v heath 123 p 3 d 1 (okl 2005) ROSS V PACE, 87 3D 592 (OKL 2004) DISCOVER BANK V HARRIS 99 P 3 D 730(OKL VI APPL 2004) (“Unanswered requests for admission may properly serve as a basis for summary judgment.”) In addition to actual damages plus applicable interest, Plaintiff request a reasonable attorney fee as prayed for in it petition, in the amount of $***.** and reimbursement of its cost. Wherefore, plaintiff request that its motion of summary judgment be sustained in all things and that the relief requested herein be granted . Respectfully submitted LOVE beal and nixon
  4. 1. Who is the named plaintiff in the suit? MIDLAND FUNDING LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) LOVE BEAL NIXON 3. How much are you being sued for? 4500 4. Who is the original creditor? (if not the Plaintiff) CHASE 5. How do you know you are being sued? (You were served, right?) YES 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? I believe so Process Service Requirements by State - 8. What was your correspondence (if any) with the people suing you before you think you were being sued? none 9. What state and county do you live in? OK/ Tulsa 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2008 11. What is the SOL on the debt? To find out: 5 years Statute of Limitations on Debts 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Disposition Information: Pending Summons severed: I supplied answer disagreeing to everything and requesting documentation. 1st court hearing … "THIS CASE COMES BEFORE THE COURT ON THE DISPOSITION DOCKET. THE CASE IS STRICKEN FROM THE DOCKET." Later recv. Letter from Love, Beal Nixon providing my account number and name and amount due. Then a few weeks later I received “Plaintiff request for admissions and interrogatories” (But I never responded back “  Then I received motion for summary judgment and brief in support. (from Midland not the court) 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) NO 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. I requested this in my answer to my court summons. 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 30 DAYS, YES but I never answered the questions. I received a motion for summary judgment and brief in support ( same letter has statement of undisputed material facts, argument of authority) from Midland which included certificate of service, affidavit of indebtedness , bill of sale from Chase to Midland (does not include my name but a print out was supplied with my account information) and affidavit of sale by original creditor from chase to midland & 1 year of credit card statements. I made the mistake of not answering the interrogatories and admissions. I looked up my info on the web and disposition is "pending" Can I still submit information or do I just wait for a court date and inform the judge that I never signed a agreement with midland funding? I really don't know what to do. Im in another state I would hate to drive 600 miles for nothing. Do I send some type of paperwork to the judge and midland? Please help I’ll type up the MSJ if needed.
  5. I received a motion for summary judgment and brief in support from Midland which included affidavit of indebtedness and bill of sale from Chase to Midland and affidavit of sale original creditor from chase to midland & 1 year of credit card statements. I made the mistake of not answering the interrogatories and admissions. I looked up my info on the web and disposition is "pending" Can I still submit information or do I just wait for a court date and inform the judge that I never signed a agreement with midland funding? I really don't know what to do. Im in another state I would hate to drive 600 miles for nothing. Do I send some type of paperwork to the judge and midland? Please help :cry:
  6. I made the mistake of not answering Midlands request for admissions, interrogatories and request for production of documents. I have since then received a "motion for summary judgement and brief in support" My question Is it to late to fight back? If not what documents do I need to supply them? Plz help