Plaintiff filed a motion for summary judgement by lying!

[sskains]

Hello everyone! Thanks in advance for checking my thread. First I'll give the history of my case, then let the advice flow in! =)

1. Sept, 2007, Crown Asset Management filed a law suit against me and served me by deputy on Sept 11th, 2007.

2. I filed a response within the allotted time denying their claim.

3. January 25th, 2008 I receive Plaintiff's First Interrogatories, request for production of documents, request for admissions.

4. I respond to the Plaintiff's Discovery on Feb 21st, and filed the certificate with the court. I answered their discovery without giving any informaiton and didn't give any documents, because they haven't shown me anything telling me what this debt is.

5. I sent my request for discovery on Feb 11th. (Defendants first roggs, documents, etc.

6. I received their response for my discovery on Feb 18th.

7. In their discovery, the denied all but about 2 questions I asked. And even denied to give me their documents. So I sent a good faith letter on March 3rd.

8. I received a letter from the judge stating he wants a bench trial on May 12th.

9. Since the JDB didn't respond to my Good faith letter, I filed a motion to comepl discovery on April 1st.

10. Today, April 11th, I received a motion from the Plaintiff file on the 7th for a Motion for Summary judgment stating that I didn't respond to their discovery when I in fact did, and even filed it with the court! They also sent their objections to my motion to compel.

So, you can see that they are clearly lying right to the judges face on the matter! I can't believe how twisted these people are.

Anyway, just curious on some thoughts on what to include in my response to Plaintiff's motion to summary judgement. Let me know what you think. Thanks in advance!!

[merrybucks]

What evidence do they cite in their MSJ?

[sskains]

In regards to my supposedly not answering their discovery, they cite "Karat Enterprises, Inc. v. Marriot Corp., 196 Ga. App. 769, 770 (1990).

In regards to the Breach of Contract, they cite:

Adamson Co. v. Owens III. Dev. Corp., 168 Ga. App. 654, 309 S.E.2d 913 (1983)

Health Service Centers v. Boddy, 257 Ga. 378, 359 S.E.2d 659 (1987)

Security Trust Fed. Sav. & Loan a$$'n v. Gill Sav. a$$'n 197 Ga. App. 242, 398 S.E.2d 382

Reahard v. Ivester, 188 Ga. App. 17, 371 S.E.2d 905 (1988)

For attorney's fees the cite:

General Elec. Credit Corp. v. Brooks, 242 Ga. 109, 249 S.E.2d. 596 (1978)

Their conclusion is that they should receive summary judgment because they have not received a response from me. When in fact they have, and it is certified with the court in the public records. I filed it with the court the same day I mailed it out and have copies and full proof of it.

Thanks! =)

[merrybucks]

They are citing case law. What evidence do they have? A MSJ is asking a judge to decide based on the evidence submitted. You need to file your objection to the MSJ and if they haven't provided any evidence then file your own MSJ.

[USofA]

here is how i would proceed.

Send them another copy of your responses to their diecovery requests with some form of delivery confirmation or signature required.

File the certificate of service for this second reply with the court.

Prepare and file a response to their Motion for Saummary Judgment. Address every argument in their motion. Include that you answered their discovery requests on XX/XX/XX. Include copy of your response and certificate of service as exhibits. Remind the court that under the common law post office rule, an item mailed is presumed received by the recipient.

File a response to their Objections to your motion to compel. rebut their arguments are reiterate your argument in the original Motion to Compel.

I would not file a cross motion for Summary Judgment quite yet. You probably need their full responses to your discovery requests before you have the evidence you need to show the judge what you need for victory. Let the motion to compel play out first then Get the evidence from the opposing party. If their answers prove your case, then you can file a motion for summary judgment

USofA