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Unsure on what to do...


sonfwr
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  • 1 month later...

Typically where there is a response to a motion for summary judgment, the side that wants to keep the case moving forward must call the judge's judicial assistant and request a hearing time for the amount of time he or she thinks the hearing will take (judges have larger and smaller blocks of time available on various dates). Then the JA gives maybe three dates or times, and the person calls the opposing counsel's legal secretary with those dates and both sides agree on one, notify the JA and send a notice of hearing to the opposing party and the court. Then each side shows up at the hearing and argues its position, the judge may rule then or later, and the winning side writes up the judge's ruling into an order that disposes of the motion one way or the other.

As defendant, you don't particularly want the case moving forward ... you'd be just as happy if it "died on the vine". Which it will, if the other side doesn't schedule a hearing.

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If I was in your position I would ask request validation of the debt. The attorney already stated that the OC will not get involved. So he cannot validate. I would also submit a request for documents. That request would include any written proof that I owed the debt. A couple of statement is not proof of you owing the debt. You could even file a motion to dismiss for failure to state a claim in which relief can be granted. Make the lawyer prove his case. He has already admitted that he cannot. That is why he has not pursued. Most of the collection attorney try to get default judgments. Once they can't they don't spend the time trying they just move on to the next sucker, or.. ah.. um, I mean debtor.

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  • 3 weeks later...
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