Jump to content

Being sued by CA, he is requesting a summary judgement.


Recommended Posts

Hi. I was sued and replied to it. I also tried to validate the debt by sending a

certified mail to the address on the summons ( a p.o. box in Seattle). 2 months later I received a new letter from the lawyer requesting a summary judgement from the judge and it contained as evidence an acct # and amount and was signed by someone (don't know who they are) and notarized. What can I do to respond to this? What kind of evidence is this and is is enough? How long do I have to respond? Any help would be greatly appreciated.

-Thanks.

Link to comment
Share on other sites

Hi. I was sued and replied to it. I also tried to validate the debt by sending a

certified mail to the address on the summons ( a p.o. box in Seattle). 2 months later I received a new letter from the lawyer requesting a summary judgement from the judge and it contained as evidence an acct # and amount and was signed by someone (don't know who they are) and notarized. What can I do to respond to this? What kind of evidence is this and is is enough? How long do I have to respond? Any help would be greatly appreciated.

-Thanks.

Hi conjoiner! Welcome to the CIC board!

Ok...you answered the summons. Did you do it within the 20 days? Did you counterclaim any violations? Did the attorney for the collection Agency ever send you Discovery?

The Summary Judgement request is just that, a request to the courts. I am to assume you have not received a date for court yet. correct? Here in OK, once served with a summary judgement, an official one from the court, not a copy that the attorney sends you) you have 15 days to OPPOSE that summary judgement. This would be filed with the courts and state your legal reasons for opposition.

Are you able to follow your case online through the court website? Believe me, it is a big help!

If you did not received Discovery/Admissions/etc papers....you can stop that summary judgement by filing an opposition.

I am going through this myself right now and am still learning. I don't want to give you incorrect information. Other people of much better standing will surely come along and help you with all the legal aspects of your case.

I only hope too much time has not passed for you to fight this!!

Link to comment
Share on other sites

In the book I'm reading, "How to sue in California, Without a Lawyer", the author explains that the Summary Judgement part is where most "pro se" defendants loses their case. They simply don't know how to properly respond to a Motion for Summary Judgement. This book explains how it should be done. Although it's for California civil cases, it should be generic enough to apply to your state. If someone forged your signature and got it notarized, then "fraud" is a good reason to deny the Motion.

If the notarization is just someone from the creditor notarizing that your account is valid, then a good reason for denying the Motion is that they never validated the account nor prove the account is yours. P.S. the book can be downloaded off Amazon for $23. Well worth it, to help fight your case.

BS

Link to comment
Share on other sites

If the notarization is just someone from the creditor notarizing that your account is valid, then a good reason for denying the Motion is that they never validated the account nor prove the account is yours. BS

Hi blacksurfer..I think the OP is saying that there was an Affadavit attached from the collection Agency quoting the amount etc...

I'm still curious to know if there was any Discovery involved. If not, then the OP has TONS of stuff to write up in opposition of the Summary Judgement.

Link to comment
Share on other sites

Hi. I answered within the 20 days (just barely). I did not counterclaim any violations (didn't know that I could). The attorney for the collection agency never sent me discovery. What the document that he just sent is a Memorandum of Points and Authorities in Support of Plaintiff's Motion for Summary Judgement. It contains a notarized document from Rebecca Larkin of First Resolution Investment Corporation stating that I owe the amount they claim. What I don't get is how they can not reply to my effort at validation and just have someone in Canada not affiliated with Providian "prove" that I owe the monies by merely signing their name. It doesn't prove that I owe the amount, and it doesn't show how they came up with it. ( I know that the amount is wrong). I received this new document on the 1st of April!!

It also states that

"Plaintiff is entitled to summary judgement when there is no gunuine issue as to any material fact."

How do I respond to this?

I have received no court date. I just received this in the mail from the plaintiff. It says it was mailed on the 31st of march.

Link to comment
Share on other sites

If you do not dispute the affidavit then it becomes accepted as fact and there is no dispute. Submit a motion to strike and them oppose the motion for summary judgement. There are plenty of threads here on how to submit a motion to strike and you will have to read up on evidentiary rules and motion practice for your court.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.