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  1. I have been sued by Velocity Investments LLC. I have responded with an Answer but now have to respond to the "Motion for Summary Judgement." It looks like they put it together with a poorly written template. On page 3 they mention how Defendant received the automobile, Defendant defaulted under the terms of the credit Agreement. For one, this was a loan there was never a car involved. I have attached a redacted copy of the MSJ, I am having a little trouble deciding how to respond. I am thankful for any suggestions I can get. Motion for Summary Judgment_Redacted.pdf
  2. Zwicker on behalf of Discover Bank sued me for approx 11k in the county of riverside, superior court of california They only attached one credit card statement and no contract or application. I foolishly said i had an open account with them but denied all other actions. I served them discovery to them on 7/23/19 (admissions, interrogatories both special and formal) and documents Today is 8/12/19 and was served with motion for summary judgement with all credit card statements and a declaration from someone that claims they work for discover in New Albany, Ohio. Is the
  3. I just received a Motion for Summary Judgement for Audit and Adjustment Company in King County here in Washington State. The MSJ is being filed under Rule 56. It looks like it was filed 9/19 and I just received it a couple of days ago in the mail. The date of the hearing is this Tuesday, 10/7. I was not served, and there is no complaint. The plaintiff was kind enough to send me a copy of rule 56. They have also attached some copies of what appear to be past statements and a declaration of assignor in support of plaintiff's MSJ. That was signed on 12/30/13 and looks like it was signed by
  4. Hi gang, this is my next item on the agenda as I continue to battle Midland. Last week was my opposition to Midland's 'Motion to Vacate Judgement and Set Aside' (Look for that post elsewhere on the forum; just the fact that I am now preparing a Motion for Summary Disposition is a clue as to how last Friday's events turned out). The trial date is set for a few weeks down the road; in the meantime I am going to hit them with a MSJ (it's actually a MSD in Michigan). This'll be a two-parter; first comes the motion, then comes the brief. I followed the exact form that Plaintiff followed when they f
  5. I know there are many templates on these forums for countering motions for summary judgement but I wanted to make sure my response was catered to my exact motion in Washington state. Please help me draft it here. I have a hearing in ten days and they sent me the motion stuff just at the tenth day. Just to get people up to date, got the summons, and the plaintiff discovery responded..denied all, sent my first half a$$ stuff back no original signed contract now they have sent me the motion for summary judgment.. Here is there motion: Comes now the plaintiff,
  6. I'm living in Florida. Sept 2012: I was served with complaint by American Express for $12K owed in CC debt. Oct 2012 I submitted an answer claiming the defendant is without knowledge regarding the allegations. 11/26/12 According to the county Clerk's website, AmEx filed: Motion for Summary Judgment Notice of Filing Affidavit of Costs Affidavit of Account 11/27/12 I received a large packet of paper including (not sure how these match up with above list exactly): Plaintiff's Motion for Summary Final Judgement Certification of Plaintiff's Attorney Affidavit Notice of Filing Affidavit in Suppor
  7. I could reall use some help writing my opposition to a MSJ. I am CLUELESS!!!! I have a rough draft. Thank you in advance for your help! BG The MSJ MIDLAND FUNDING LLC PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BeerGoggles AND JANE DOE Goggles ) HIS WIFE AND EACH OF THEM ) ) ) Defendants,) COMES NOW, Plaintiff MIDLAND FUNDING LLC by and through counsel, and moves this Court for Summary Judgment against Defendant Beergoggles pursuant to Rule 56, Arizona Rules of • Civil Procedure. This motion is based on the grounds that there are no genuine issues of material fact and that Plaintiff is entitl
  8. Hey folks, I am in Indiana and I need help. Big time. I was served with papers from Midland in July, filed my responses, then waited a month and filed a Motion to Strike the Affidavit of Debt along with my Interrogatories, Requests for Admissions and Requests for Production of Documents. Today I received the request packet back from the attorney saying that he did not consider it "served" because of some crap details (I didn't leave enough space for him to answer, etc.) which i can fix and resubmit, no problem. However, I also received a Motion for Entry of Summary Judgement. Here is wha
  9. Hello all! A couple months ago I started a thread about responding to a summons for an alleged CC debt. I received the summons in July of this year and responded with an Answer (Straight denial) within the time-frame (20 dys). Fast forward to now. I just received a "Motion for Summary Judgement" along with "Notice of Filing Supporting Affidavit". In this "Motion for Summary Judgement" it states: 1) Plaintiff has brought this action against defendant based upon defendant's failure to repay money owed pursuant to an extension of credit made to defendant 2) On 7/1/12 defendant was served with sum
  10. To All: Found this on the Web and thought I'd Share with Community... It has helped me,maybe it will help others... Great stuff... Thanks Not Going Down
  11. 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 proo
  12. Hello, I am in Washington State, and I have a Summary Judgement hearing on 6/1 for a past debt. Creditor is Capital One thru an Attorneys office. The question I have is regarding the exhibits they intend to use in their case. Exhibit A is the sworn Affidavit from someone in Capital One. Exhibit B is a copy of an application (They had also sent me this in response to my DV, and had marked it on their header sheet as part of their verification). However, the application is not mine, its for someone else, clearly with a different name and ss#). Exhibit C is a large stack of account statements
  13. Portfolio's attorney and I agreed to mediation. Well, I sent an offer to the mediator and she said she would contact the attorney with the offer. So, I waited for a response and then a week later she sends me an email asking how I would like to handle the case? I told her I sent her an email with an offer, and I haven't heard back. She said she didn't receive it and for me to send it again. So I did. A few days later I get in the mail a motion for summary judgement. They also sent me a affidavit of sale of individual account, assignment and bill of sale, electronic record statement from HSBC B
  14. Many of us have been telling members just how to do this for a while. Many follow our comments and take action, others seem to always question us. Well here is a lawyer say the very same thing we have been saying for a long time. It is an article on JdSupra written by a consumer lawyer that is clear and to the point: Case Killer: How to Defeat a Motion for Summary Judgment | John Skiba - JDSupra Simple summary, reply to the Motion in time and pound away on the issues of: Standing, Amount owed and specific facts in your case. It is most interesting that a lawyer is saying he has never seen a JD
  15. Why would the lawyer for Midland Funding LLC file for a motion for summary judgement and then remand the motion before the hearing? This has happened 2 times and I am getting fed up. Case is long story.
  16. I am at a point in a lawsuit in Florida where I intend to file either a Motion to Dismiss or a Motion for Summary Judgement. The issues that would support either motion vary a bit, but this case surrounds a claimed breach of contract by a bank. To date, they haven't proved the debt with any account statement or billing record, or any record that shows proof of a breach of contract on my part. They provided an Affidavit which was not made based upon personal knowledge of the affiant, and was declared hearsay at a prior hearing. My question is one I hope can help many here. What's the best way
  17. In February I got a summons at my door from my county clerk of court that Midland funding were suing me as the successor to a BOA . no account #, no nothing. All that was attached with the summons was some MCM paper statement, never seen before this date, that says notice of new ownership and pre-legal review, it has MCM account number and says original creditor is BOA and amount of payment due. The next paper that they show as a statement is not from BOA, but says the above referenced account was purchased by midland funding LLC and is serviced by midland credit management. Date received 9-20
  18. History: June 2009--Account charged off, 3869.00 August 2009---collection call from NCO. First and last time I heard from them. They asked a lot of questions about my access to other credit accounts and about a retirement account (which I didn't and don't have) February 22, 1010- complaint from Cap1 represented by Weltman, Weinberg, and Reis. First time I had ever heard of WWR. March 16, 2010--filed my answer with the court and mailed (by regular mail, a mistake) to plaintiff. April 2, 2010-received motion for default judgement and notice of hearing with no date. April 15, 2010--received
  19. I need help. I have a claim that was filed againt me by American Express Centurion Bank World financial Center New york new york. My first mistake was when I answered the summon I did not include an affirmitive defence. Just replied with a deny to all paragraphs. I sent the answer to the court as well as the lawyer who is supposedly representing them. When sending the letter to the lawyer I also sent them (the lawyer) stating that I wanted copies of all contract and statements of anyone and anything that they would be using in this law suit. This was at the end of Nov. Then finally on April
  20. Is it possible to get an extension to answer (motion for summary judgment) and if so is there a civil court form that needs to be filled out? could not find on my civil court web site. I have until the 5th of May before judge makes a decision. :Also do I need to present at that date? Thanks
  21. Hey everybody. I need your help8] I recieved a motion for summary judgement through a local law firm for Midland Funding LLC. I'm scheduled to appear in 20 days. I need to know what I should do in the meantime to stop this matter. Should I file a motion as a preemptive strike in hopes of getting them to drop the lawsuit? In a conversation with the law firm representing them, I caught the guy in a lie. He said he was collecting on behalf of WaMu. He also stated that he didn't have to tell me how much the debt was purchased for. They sent me a packet of information showing some account history b
  22. My mother got a Motion for Summary Judgement in the mail today, from an apparent lawsuit from Citibank (but I think its from a third party debt collector--not sure). I really don't even know how this case has been progressing because she hasn't been opening her mail etc due to being sick. I doubt she has responded to any of this stuff. I am trying to help her because it seems that this can have scary repercussions and she thinks just ignoring it will make it go away/somehow go in her favor and I know this is not the case. My questions are, if they have a judgement against her what can happen
  23. In March 2010 I received a summons I was being sued by GE Money bank via Zwicker and Associates in Texas for $1700. I resonded to all court documents I was required. I had paid the debt in full by August 2010. I sent a certfied letter with proof of payment and a request the case be dropped. Months went by and I heard nothing until November 22nd 2010 when I received a Motion for Summary Judgement claiming the amount sought was $273.00 + court cost, attorneys fee and interest. I wanted this to end, so I paid it and sent Zwicker a certified letter with proof of payment and asked why I now owed m
  24. I sent plaintiff bILL OF pARTICULARS and only got a print out. Sent them a seccond letter to for BOP and didn't get a response. I'm thinking of filing for Summary Judgement since plaintiff hasn't produced enough evidence to win a case. What do you guys think? Should I ask for Summary Judgement?
  25. Can anyone explain to me the process of motion to file summary judgement? Is this better or worse than a default judgement? I responded to the summons, only hoping that tehy may not come back at me, or just to bide me some more time. It was with chase on a corporate credit line, w/my hubby & I as personal guarantors. I responded to the summons & complaint, they sent back a motion for summary judgement, saying that a corporation needed to be represented by an attorney & requests summary judgement against the corporation & guarantors. what will happen now? how long will it take