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Found 51 results

  1. For this unknown debt, in the plaintiff's motion for summary judgement, they included a bill of sale affidavit. the affidavit is not notarized, just the one referencing it. -------------ACTUALLY, nothing in the mfsj is notarized. the acclained affidavit from the duly authorized agent of plaintiff was signed jan 2009 and the notary expired may 7th, 2010.----------------- the bill of sale goes exactly like this one, excluding names. bank ("Seller"), for value received and pursuant to the terms and conditions of credit card account purchase agreement dated Feb 20, 2009 between seller and plaintiff, llc ("purchaser"), its successors and assigns ("credit card account purchase agreement"), hereby assigns effective as of the file creation date of March 20, 2009 all rights, title, and interest of seller in and to those certain receivables, judgements or evidences of debt described in exhibit 1 attached hereto and made part hereof for all purposes. Amounts due to seller by purchaser in hereunder shall be paid u.s. dollars by a wire transfer to be received by seller on (the "closing date") March 27, 2009 by 2:00 PM seller's time, as follows: This bill of sale is executed without recourse except as stated in the credit card account purchase agreement to which this is an exhibit. No other representation of or warranty of title or enforceability is expressed or implied. name of seller by:___________________ DAte:_____________ Title:vice president name of purchaser by:_________________ date:____________ Title: General Counsel sure surprises me they could come up with this. Maybe they created it last week. well it actually shows fax data on top showing date they received it and signed it that day. anyway, any help would be greatly appreciated.
  2. I was served with a Motion for Summary Judgement and in the Statement of Facts it states: 'This matter arises out of an open account between the Plantiff and the Defendent. The Plaintiff filed this suit to recover the past due balance of $3,438 and other amounts set forth in the petition. In response to the Plaintiff's petition the Defendent filed an answer with defense that do not apply since this is not an assigned debt.' This confusing because on the law firm's correspondence it states that they 'represent' Capital One Bank and the OC is the plantiff. I made the assumption that they did not purchase the debt. If this isnt the case and they purchased the debt, then shouldn't the CA be the plantiff? I have read as much as I could on 'assigned' vs 'purchased' debt. But, their statement is throwing me for a loop. Can anyone help me decipher whats true?
  3. As I was getting ready to send Discovery, I received a packet today where they filed a motion for Summary Judgement and included all of their exhibits. (and also requested an oral argument) They included (A) an affidavit from the legal person who works for the debt buyer - includes everything about knowing the books, etc. ( Assignment one (from OC to JDB) © Assignment two. (D) Cardholder agreement (dated 6 years after I opened an account). No signature - generic 32 page cardholder agreement. (E) The last 5 statements I'm trying to figure out what I can oppose? It looks as if to oppose, you need your own exhibits or affidavits - I don't have anything. Is there anything here I can oppose? Things we were thinking: cc agreement from 2006 (it was opened in 2000) no signed agreement no amount they purchased it for (unjust enrichment?) I thought I had it with being outside the SOL - the last payment recorded being March 2007, they filed April 2010 and our SOL is 3 years. But it also says the default date is April 30 2007....they filed April 16,2010. My husband still says that he has read that for our State the SOL starts at the date of last payment, but I don't know. Advice please? I'm assuming I need to get something done quickly if I have anything I can do.
  4. Hi, I was in court this morning for a Motion on Summary Judgement, which was already continued once (till today), and the Plaintiff "passed" on the case, he said until he could get more information (to me), which he didn't have yet. The judge said I didn't have to come back until I was notified when to do so. I asked him if that meant they would have to file a new motion for summary judgement, and he said no, it would still be this one, so I guess this has been left open? Till when? Till forever if they want? So I guess I'd like to know what "passing" really means. Should I file a motion to dismiss? Could I have objected to the pass? Is there a limit to how many times they can call me in for their Motion? Thanks in advance for any knowledge you can pass on...
  5. Hi everyone, Does anyone have a Defendants sample motion for summary judgement against an OC? I am deperate and have not been able to find one searching this site. Thanks in advance for your help!
  6. Does anyone have a sample Opposition to Motion for Summary judgement against an OC preferably in Florida? I answered the complaint within the 30 day time period and now received motion for summary judgement. If anyone has some insight it would be greatly appreciated. I am totally lost but determined to fight back. Help!!!! Anyone.....please... Thank you in advance!
  7. I was wondering if the defendent could file more than on MSJ as evidence is provided or failure to be provided?
  8. I elected arbitration early on in this process. The motion to compel arbitration has yet to be ruled on however my motion to compel plaintiff to initiate arbitration was denied last week. This week, the plaintiff sent a huge pack of receipts and affidavits from Citibank, including the agreement I sent to him along with a motion for summary judgment. How can this be stopped? I think since my motion to compel arbitration has been ruled on, the plaintiff is violating the agreement by attempting to litigate this matter when he does not have the right to do so.
  9. Guys, need some advice. Pressler and Pressler is trying to file a motion for summary judgement against me. In their motion, they have attached a pile of statements and card agreeement. I think they falsified those statements. The address that the OC allegedly sent those statements to didn't even exist on the closing dates they listed on those statements. It was a farm that didn't have the street on it! I pulled out my old tax records, mortgage apps, etc. and found old pay stubs, cable bills, bank statements, etc. with my true, correct address where I was living. I even have a copy of my driver's license from that time! So basically, I am going to file an objection to the motion for summary judgement. Include copies of the bills, statements, etc. blacking out SS numbers, etc., and state that the material facts are in dispute because the documents provided by the plaintiff have clearly been falsified? Also, there is no signed agreement bearing my signature, would I also state this, or are the falsified statements basically a nail in the coffin for them? Would I be able to file a motion to dismiss based on the fact that the provided statements are false? Would I also be able to sue under the FDCPA? Thanks guys.
  10. I'm in Louisiana and I was served with motion for summary judgement papers and need to file an opposition to them. I had a vehicle voluntarily surrendered in 2003 (didn't know it was considered a repo), it was sold for way under value in 2004 and I'm now being sued for the remaining balance of the vehicle. I've been trying to settle with the collection agency (Cavalry SPV, LLC) but we haven't agreed on a dollar amount yet. Are there any sites that have sample opposition documents? Can anyone on this board help with what should be included? I was speaking with a BK attorney but he wants $1000 to file the motion but if I don't have to pay to get the paperwork done I don't want too. I really wish they would just agree to the settlement offer. I feel like I've offered them a reasonable amount on 6yr old debt.. Court date is next week.
  11. I'm going to lose aren't it? We haven't even had our initial case mgt conf yet... I found out they were going to file a motion for summary judgement and obtain a deposition through their case mgt stmt. I don't know what they have against me...They haven't even responsed to any of my discoveries and I had to file motions to compel today... What do you think's going to happen?
  12. i have a capital one credit card debt dating back to June 2002 when the account went into default. i was served a summons in October 2007, received a letter from the law firm who initially claimed to be representing Capital One, however after my initial response to the summons, in which i stated the debt in question had exhausted the nevada statute of limitations, i received a letter from the same law firm, howver this time it stated Capital One/TRAKAMERICA as the client, and yes the letter stated it was from a collection agency, however the amount claimed in the summons was half of what the letter was requesting. the letter also requested i contact the firm to discuss an amicable resolution. as i did not respond i have be served with a motion of summary judgement and requested to appear on June 1st. it is my feeling that this firm has violated the FDCPA and NRS however i cannot find case law to back my position, and i am also afraid that i will not answer correctly and loose my case, although i feel i have the law on my side. can someone help me on Nevada Case Law. i have already searched the sight suggested on the blog, Precydent.com with no luch and i have printed all suggestions to motions, filings, etc. however i have inclined to file a cross motion of summary judgement for the B---s--- this firm has put me through. i have lost countless hours and i could REALLY use some direction. any help at all.
  13. How should I respond to this? Weltman, Weinberg and Reis are representing Discover. They included all my statements from 7 years ago to present (2009). I admitted that the account is mine and all my charges are mine. I did deny the balance since I can't pay them that amount of $12,000 (attorney fees included). How should I respond to their motion for summary judgement? I have been going back and forth with them for 6 months now. I live in PA. Any advice?
  14. they have attached statements and computer printouts and a contract but nothing with signatures or a signed application. I did not file a response to their sworn affadavit I missed that part. I need to send in a pretrial letter to the judge saying what motions i intend to file and any answers to a settlement proposed by the attorneys. Any comments or thoughts appreciated Thanks Jimiii the rest of their Motion is in the text attachment STATE OF MICHIGAN IN THE 10TH JUDICIAL DISTRICT COURT CAPITAL ONE BANK (USA). N.A., Plaintiff, Case No. 081 1038GC V. Hon. Franklin K. Line JXXXX XXXXXX, XXI, Defendant. Jeffrey M. Weber (P49553) WEBER & OLCESE, P.L.C. Attorneys for Plaintiff 3250 West Big Beaver Road Suite 124 Troy, Michigan 48084 (248) 816-8111 XXXXXXXXXX, XXX Defendant in Pro Per XXXXXXXX XS XXXXXXXo, Michigan 49XXX-870O XXXXXXX-7629 PLAINTIFF'S MOTION FOR SUMMARY DISPOSITION AGAINST DEFENDANT PURSUANT TO MICR 2.116©(9) NOW COMES Plaintiff, CAPITAL ONE BANK (USA), N.A. ("Plaintiff'), by and through its attorneys, WEBER & OLCESE, P.L.C., and for its Motion for Summary Disposition pursuant to MCR 2.116©(9) against Defendant, JXXXXX R XXXXX, XXI ("Defendant"), states as follows: l . This is a collection action resulting from Defendant's failure andior refusal to pay the balance on his credit card account. 2. Defendant requested Plaintiff open a credit card account in his name by signing and returning an application. 3. Thereafter, Plaintiff opened a credit card account in Defendant's name which Defendant used for making purchases and/or obtaining cash advances, pursuant to the terms of the Customer Agreement (See Exhibit 1, Customer Agreement and Exhibit 2, request for payment). 4. By using his credit card account, Defendant agreed to pay Plaintiff all amounts due resulting from the use of his credit card account, including any finance charges and other charges due under the terms of the Customer Agreement (See Exhibit 1). 5. For each month in which Defendant had a balance on his credit card account, Plaintiff sent Defendant. by mail or otherwise, a bill, statement of account. invoice or other request for payment showing all transactions billed to his account during the billing period, which Defendant never objected to (See Exhibit 2). 6. Defendant defaulted on the terms of the Customer Agreement by failing and/or refusing to maintain minimum monthly payments and/or pay the balance in full (See Exhibits I and 2). 7. As a result of Defendant's breach, Defendant owes Plaintiff the sum of $1,241.32, including finance charges, late fees and interest through December 5, 2008. 8. At the outset, Defendant's answer contains only general denials witlwut_ factual support, contrary to MCR 2.1 11(D). N~ 9. Consequently, Defendant has failed to state a valid defense to Plaintiff's claims and summary disposition pursuant to MCR 2.116©(9) is appropriate at this juncture. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order of Summary Disposition in favor of Plaintiff and against Defendant in the amount of $1,344.42, including costs in the amount of 8103.10, plus interest and attorneys' fees to which Plaintiff is legally entitled. Respectfully submitted, WE OLCESE, P.L.C. /Y y M. Weber (P49553) Atr Plaintiff 320ig Beaver Road Suy Troy, Michigan 48084 (248)816-8111 Dated: February 9. 2009 PROOF OF SERVICE I:.puhlie jhasxbinmiediat.ftm The undersigned ceitilies that the ftregoing instrument was served Our File No. OS-19719-0 upon all parties to the above cause to each of their respective attorneys of record herein at their respective addresses disclosed on the pleadings on February 9- 20119. by: V.S. Mail Facsimile _I land Delivety _Next-Day Mail Electroni • Mail Other Signature: CLEANEDSUMMARYJUGEMENT.txt
  15. Hi I received a plantiffs motion for summary judgement after sending the answer to a summons back a few months ago, I am wondering what to do from here, do I respond to this? also have a hearing notice of date and time? is this something I have to attend? Sorry I am so confused and couldn't find any similar information thanks for any help
  16. Is it similar to a motion to dismiss? This guy on a free legal advice hotline told mje to file a motion for summary judgement. I felt like I get better answers here.
  17. the plaintiff recently filed a MSJ after not replying to my request for discovery. How should I respond to this MSJ. Oh the "supporting documentation" mentioned is a letter from some unknown company from someone saying that they affirm that they are owed money and how much. Plaintiff is entitled to a summary final judgement against the defentant by virtue of its established claim in it complaint togther with the attached supporting documentation and affidavit filed in support of this instant motion. the foregoing documents establish evidentially defendants unpaid balance due and owing to plaintiff. Gendzier v. Bielecki, 97 So.2d 605 (Fla 1975). In that the plaintiff has established a prima facia case and as a result of the defendants failure to come forward with any affidavit or other proof in opposition to plaintiffs motion for summary judgement, this honorable court is entitled to enter a final summary judgement. Latour auto sales, inc. v. stromberg-carlson leasing corporation, 335 So.2d 600, Fla 3rd DCA 1976. See also Sherman v. weintraub, 132 So.2d 421 Fla 3rd DCA 1961 ( affidavit of defendant, denying liability as a conclusion of law, was insufficient to raise genuine issue as to material fact and, where defendants answer had done no more, summary judgement was properly entered against the defentant.
  18. I have been trying to put together my motion for summary judgement, but I can't seem to find any case law to cite in regards to the illegally re-aging the alleged debt, them not reporting the debt as disputed to the credit agencies, for failing to report the actual month and year the alleged debt first became deliquent, for failing to cease collections during DV period. Any help
  19. Hello everyone! Thanks in advance for checking my thread. First I'll give the history of my case, then let the advice flow in! =) 1. Sept, 2007, Crown Asset Management filed a law suit against me and served me by deputy on Sept 11th, 2007. 2. I filed a response within the allotted time denying their claim. 3. January 25th, 2008 I receive Plaintiff's First Interrogatories, request for production of documents, request for admissions. 4. I respond to the Plaintiff's Discovery on Feb 21st, and filed the certificate with the court. I answered their discovery without giving any informaiton and didn't give any documents, because they haven't shown me anything telling me what this debt is. 5. I sent my request for discovery on Feb 11th. (Defendants first roggs, documents, etc. 6. I received their response for my discovery on Feb 18th. 7. In their discovery, the denied all but about 2 questions I asked. And even denied to give me their documents. So I sent a good faith letter on March 3rd. 8. I received a letter from the judge stating he wants a bench trial on May 12th. 9. Since the JDB didn't respond to my Good faith letter, I filed a motion to comepl discovery on April 1st. 10. Today, April 11th, I received a motion from the Plaintiff file on the 7th for a Motion for Summary judgment stating that I didn't respond to their discovery when I in fact did, and even filed it with the court! They also sent their objections to my motion to compel. So, you can see that they are clearly lying right to the judges face on the matter! I can't believe how twisted these people are. Anyway, just curious on some thoughts on what to include in my response to Plaintiff's motion to summary judgement. Let me know what you think. Thanks in advance!!
  20. I have searched for information on how to do a Motion For Summary Judgement, I cannot seem to find a sample. Does anyone know how to do one. I am going to file a Motion for Summary Judgement against Wells Fargo . They did not answer my Discovery, they are tying to get a motion for continuance of trial day and Motion for extension of more time. Any help would be grealy appreciated. Tsandy7
  21. What to do at this point? Here is info. regarding Case Summary in California: Most recently served with Notice of submission; motion for summary judgement & summary adjudication; separate statement; declaration; Points & Authorities; Judgement; and order These docs included exhibits i.e contract and statements. CITIBANK SOUTH DAKOTA VS. Me Case Type: COLLECTIONS CASE (Limited Jurisdiction) Future Hearings None Plaintiff: CITIBANK SOUTH DAKOTA N.A. Attorney: LAW OFFICE OF HARRIS & ZIDE - FLINT C. ZIDE Defendant: Me Attorney: None Party Information Histories ( Dates listed in descending order) 11/15/2007 PROOF OF SERVICE RE: FORM INTERROGATORIES; REQUEST FOR ADMISSION; ADMISSION RESPONSE FILED. SERVED AS TO COSTS OF $ 0.00 . 09/20/2007 CASE FILE RETURNED TO CIVIL DEPARTMENT FROM COURTROOM. 09/19/2007 ANSWER FILED. WAIVER . 09/19/2007 ORDER TO SHOW CAUSE HEARING IS VACATED, RESPONSIVE PLEADING HAVING BEEN FILED, CASE REMAINS ON CALENDAR FOR A NON-APPERANCE CASE MANAGEMENT REVIEW ON 02/25/08 AT 01:30P M, IN DEPT. 2CM 09/17/2007 PROOF OF SERVICE RE: SUMMONS AND COMPLAINT; CIVIL COVER SHEET/ADDENDUM; ADR PACKAGE FILED. SERVED. 09/10/2007 ORDER TO SHOW CAUSE HEARING/CASE MANAGEMENT REVIEW SIGNED AND FJUDGE PRO TEMPORE TO SHOW WHY SANCTIONS SHOULD NOT BE IMPOSED FOR FAILURE TO FILE PROOF OF SERVICE PURSUANT TO CRC 3.740(E). MATTER SET FOR HEARING ON 02/25/08 AT 01:30P M., IN DEPT. 002 . CERTIFICATE OF MAILING FILED. 08/24/2007 COMPLAINT FILED. RN ALH258280005. 08/24/2007 SUMMONS ISSUED. 08/24/2007 SUMMONS FILED.
  22. What is the likely hood of winning the above? Situation: I'm plaintiff and CRA is defendant. CRA deleted a creditor on my report back in March after I provided them a ltr from Pres of company tell them to remove. Well I filed case against CRA in April 06 about another creditor listed. Then a month later they reinserted the deleted creditor from March. I disputed the account and explained they already have the letter that is why deleted it the first time. they sent me a letter saying everything on my file is verified and they will not dispute any other account unless I provided recent, authentic letter from creditor stating what should b up dated. I told them how is everything verified and the creditor say delete. Mind you this has happen for 2 creditors on my report. This case in only for one. I have a paper trail of all conversations and letter. I even asked for rod and ropd and they said no. Then I had my initial attorney ask who is a friend of mine and they told him I was the only one who could ask for my file. When I asked again they told me they already said no. Mind you during this time I am getting denied credit, this is messing up my first home buying process. Even the lender tried to get it off but they would not remove it. This is still on there to date. PS. Their answer to my claim was "they have not done anything willingfully. and Plaintiff has split up cases against Defendant". (because I have 3 cases against them in small claims because of 3 different violations: 1 reinsertion, 2 refusal to remove when instructed by creditor) MY questions are: 1. Does it make me look bad to split up these cases? or should I have done this all in one? 2. Does request a summary judgement hinder my chances in getting punitive damages later? 3. Since cases are clear cut should I motion summary judgement for all? Trials are 8/10/06 (3 wks). 4. Just found out, On my other nonremoval case, they just finally removed it on yesterday when the creditor told them 5/12/06. Do I still have a case? or must I dismiss that case. I have a ltr from credit stating when they told them to remove via electronically but they did not until yesterday.
  23. I recently received a summons from a junk debt buyer. I filed my answers with the court and sent the atty. a copy of my filed answers. In my answers I stated that I was without sufficient information and left the plaintiff to his proof. (The summons did not contain any supporting paperwork or proof of this alleged debt) In my affirmative defenses I stated that this company is not a licensed collection agency in the state of Indiana, has not applied to Sec. of State to conduct a collection agency, and it that this company conduction a collection agency is unlawful, as required by the proper Indiana Codes.(Went on to list each code) In my final affirmative defense I state that this company has failed to comply with The FDCPA, never received a dunning letter. I denied that the plaintiff is entitled to requested relief and requested that the complaints be dismissed. Today in the mail I received a motion for summary judgement from the atty. How do I answer? What I about my answers? What about my request for dismissal? I have not received anything from the courts except a mailer that shows that I filed my answers with them. How can they ask for a summary judgement without any proof. (no account numbers, no statements, nothing)? Sorry for being so long
  24. Hey all, I know that I have only posted a couple of times, but with the great info on this board I have been fighting the good fight! My question is that the OC's "law" firm filed a motion for summary judgement in our case. However, when it was to be heard, no one appeared on their behalf. The judge very nicely said "congratulations you won" and signed the order denying the motion. What do I do from here? The original court date is still pending. What would be your advice to do from here? I have done nothing at this point waiting for them to file this motion. While preparing for this last appearance I found in my files where another firm had sent a collection notice on behalf of the OC. I DVd this first firm and heard nothing from them. Three months later is when the "law" firm sent their notice of collection. I DVd them and received 7 years of statements with some incorrect information. I have tried to settle with what I have, not much. And they wanted nothing to do with that. Were they just trying to bullie me with Summary Judgement scare tactics? Advice is greatly appreciated! 700
  25. Do you file an opposition to the motion for summary judgment?? I wanted to file a motion to dismiss, but should I file an opposition as well?? Thanks in advance