Search the Community
Showing results for tags 'Whats after Motion to Dismiss'.
Found 1 result
Hi, Rookie here.... this site is amazing, I've learned so much just since last night... unfortunately, after the fact... I am being sued by an attorney representing FIA Card Services for an unpaid BOA credit card charged off as of 11/09. After two court appearances, in which I was the only one in front of the judge, the attorney filed a Motion for Summary Judgement. I started digging through old paperwork, and found three credit agency demands for payment on this account. The 3rd, was a very intimidating and explicitly demanding letter from the attorney now suing me. Her letter said "acting as a debt collector". "Demand is hereby made upon you for the payment in the amount of $4xxx.xx (PRINCIPAL). Your payment should be made by certified check, cashiers check, or money order paid to the order of: HER, at HER address." It occurred to me, that BOA had charged off the acct, and sold it to JDB pool. The attorney (the 3rd collection agency) tried to get it from me, and failing that, filed suit naming FIA as the plaintiff. She submitted an AFFIDAVIT from an FIA custodian of record. To make a long story short, I filed a Motion to Oppose Summarry Judgement, and attached an exparte motion to Strike the Affidavit, and Motion to Dismiss. I completely misunderstood the court clerk, and sent the lawyer the attached motions,(so all 3 can be heard in court at once on 6/27) a day late of the 3 day order. Court clerk said she'll probably know anyway from online court calendar, but I'm thinking it will get continued for my late mailing. The main premise of my motion to oppose and dismiss is alleging that the real plaintiff is the attorney, and that FIA is a third party to the action, but has assisted the atty. But my main question, after finding this site, is....... what can I expect in court on 6/27? The attorney has never been in court. Over This ReplyReportEdit