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Found 9 results

  1. First off, thank you to everyone who provides info on this forum. I never would have gotten to where I am with my defense against Midland Funding. I'm being sued by Midland Funding in MN civil court. They filed a motion for summary judgment and the hearing is next week. I did not file anything during discovery and instead elected to elect arbitration with AAA (alleged contract with Citibank NA states AAA is only option). At the same time I filed a motion to dismiss/compel arbitration. Anyway, the firm representing Midland was served properly and with enough notice and the motion hear
  2. I recieved a motion for summary judgement and am unsure how to reply, I know that the affidavit of the plaintiff is complete and total heresay, because how could she have any knowledge of how any of the original creditors docs were made. The bill of sale is inconlusive because it does not specifically mention and account in my name, and references some forward flow recieveable agreement I'm a little puzzled on what comments I can make about the validity of the affidavit of sale of account by creditor, other than it doesn't mention any specific accounts and also mentions the forward flow thing
  3. 1. Who is the named plaintiff in the suit? Discover Bank C/o Discover Products 2. What is the name of the law firm handling the suit? Thomas & Thomas 3. How much are you being sued for? 9400 4. Who is the original creditor? Discover Bank 5. How do you know you are being sued? Served by Sheriff 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Sent a letter requesting validation, they sent back a stack of statements not a complete accounting them sued
  4. I had a car accident - other persons fault with no insurance. My own insurance company is paying my bills. I had to have surgery and let the dr. know that I had work insurance and my own car insurance company would pay the balance. I got the one and only bill in nov. that showed it was sent to my work insurance. Waited for another statement, didn't get one so I called in Feb. to ask if they had submitted it to my adjuster, gave them the info again and told them to submit it to get paid in full. Thought it was a done deal. Never heard anything back from them. In Aug. I got a summons and was
  5. After spending countless hours researching these forums, and hundreds of dollars for a ghost written response to the plaintiff's claim, the judge granted the motion for summary judgement at the hearing in favor of the plaintiff. I am still not certain what I did wrong, but my well crafted answers to the complaint were not even considered because I did not have an affidavit to support them. Entire hearing was over in 4 minutes. I clearly thought I was prepared to argue standing in court, but was not. Can anyone tell me exactly what I type of affidavit I needed in addition to my response tha
  6. Can someone point me in the right direction as to how to proceed. Is it too late for me for arbitration? I've sent a notice to appear, and filed an answer. Next thing I got in the mail is note for motion docket with summary judgement. Is it too late for me to mtc arbitration? Attached is the agreement they want to use not the one I have.
  7. Looking for some help on the paperwork that was recently included in the attorney's Motion for Summary Judgement. It included an Affidavit of Plaintiff that states the following: I, "OC grunt", the undersigned and the Assistant Custodian of Records at OC (address in Utah) certify and affirm that the claim and cause of action against IdWrknGrl (not the name that I ever held a credit card in, ommitting my middle name) is in the sum of $XX, XXX. I am familiar with the records of the account in this action, and I am of legal age and competency and am authorized to make this certification fo
  8. 1. Who is the named plaintiff in the suit? Equable Ascent Financial LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Tara Muren ESQ SBN 260154 Michael Mixer ESQ SBN 99073 John Clinnin ESQ SBN 153881 3. How much are you being sued for? $4000 4. Who is the original creditor? (if not the Plaintiff) CHASE BANK USA 5. How do you know you are being sued? (You were served, right?) SERVED 6. How were you served? (Mail, In person, Notice on door) IN PERSON 7. Was the service legal as required by your state? YES as far as i know Process S
  9. This has been going on since April and they sent me a MSJ last week. I did some digging and came up with this. I am going to file a motion to dismiss too, not sure how to word it. I know this is LONG but please someone look over and help me make it LAWYERISH ....THANKS IN THE STATE COURT OF HOUSTON COUNTY STATE OF GEORGIA some company Assignee of First USA Bank, N.A. Plaintiff, vs. ME Defendant. DEFENDENTS RESPONSE TO PLAINTIFFS MOTION FOR SUMMARY JUDGEMENT COMES NOW, ME, Defendant and responds some company Motion For Summary Judgement as follows According to Plaintiffs letter t