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Summary Judgement


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I recently received a Motion for Summary Judgement.

Now up to this point I have been served, and answered. In my answer I only agreed to having an account with the OC. I denied how much they say I owed them.

At this point they have only provided my statments along with the court paperwork.

So I have a few questions:

1. Is the fact that I agreed I had an account with them screw over the fact that they have not [and most likely won't have] my original signed agreement or terms of service? As I have already asked for this back when doing DV.

2. Is it enough fact to file an Motion to Dismiss Summary Judgment?

3. What happens while in court for this matter? Are they going to ask for anything? What should I have prepared?

---I'm currently out of state on business with the court date one month away. I won't be back in time for the court date, so I need to ask that the date be changed.

Should I file a Motion to Dismiss Summary Judgment then ask for the date to be changed? Or the other way around. Or should I just show up and plead my case?

Thoughts?

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what did they attach to the motion as far as evidence?

If you admitted the account and only denied the amount, they can get summary judgment most likely. After all, if they say: he has an account and owes X. And you say; I have an account but think I owe <X. The JUdge can easily say, ok, pay em <X. Or, you owe them, we'll put this down for a hearing to determine how much.

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