beenserved Posted July 30, 2008 Report Share Posted July 30, 2008 I was served a summons from the court, filed by a JDB I Sent/Filed an answer I Sent a request for validation I Received interrogatories, admissions, & production of documents from #1 Attorney for Plaintiff I Sent/Filed the answers to the interrogatories, admissions, & production of documents to the #1 Plaintiff's Attorney Pretrial #1- A different Attorney (#2) showed up for Plaintiff I Gave/Filed discovery requests to the #2 Attorney for Plaintiff (interrogatories, admissions, production of documents) And Electronically sent them to #2 Attorney's email address (as he requested)#1 Attorney for Plaintiff filed motion for summary judgement_______________________________ I Never received validation of debt from #1 Attorney for Plaintiff I Never received discovery responses from either Attorney for Plaintiff I Never received #1 Attorney for Plaintiff motion for summary judgement (found out, online court docket, last sunday, 3 days before the #2 pretrial) ________________________________Sent/Gave= to Attorney for Plaintiff Filed= to the Court All by USPS Certified Mail, With Return "Signature" Receipt Card______________________________Today Pretrial #2, I was prepaired to file a motion to dismiss summary judgement, if the case did not get dismissed.The case did not get dismissed, I then asked for a copy of the summary judgement from the Plaintiff, and I was ready to file the motion to dismiss.The court is giving me 28 days from today to file my motion to dismiss.______________________________(Above is over a 4 month period)Now here is my question, Can I include a counterclaim in my motion? Thanks in advance Link to comment Share on other sites More sharing options...
admin Posted July 30, 2008 Report Share Posted July 30, 2008 Of course you can counter sue. I might just start up another suit, though. Link to comment Share on other sites More sharing options...
beenserved Posted July 30, 2008 Author Report Share Posted July 30, 2008 Admin, I thank you for your response. I am new to this game, been doing research for a few months now. I just want this JDB to go away, however I feel the Attorney for the JDB, has abused the system. I don't want anyone else getting the shaft this way:Filing a motion for summary judgement and not sending a copy to the defendant So the court will grant the summary judgement if the response from the defendant isn't filed within the time allowed. What kind of crap is that?____I am trying to find out if there are FDCPA violations that I can quote, I already know the debt validation, but what about, not responding to my discovery requests? What about fraudulent "proof of service"? (on the motion I received from the attorney for Plaintiff today: the Proof Of Service shows sent on June, 6 2008 & the 6 is crossed out, written below the 6 is 16 however the pretrial #1 wasn't until the 18th of june, and the court did not receive the motion for summary judgement, until june 30th.I never received the motion for summary judgement (until today, when the attorney handed it to me) and I am only 2 miles from the court! Link to comment Share on other sites More sharing options...
blueranger Posted July 30, 2008 Report Share Posted July 30, 2008 You need to answer the MSJ.... and state that you have notreceived all those things above......conclude your answer with a PRAYER and PRAY that his honorwould find in your favor because he failed to do the things you mentioned and also mention you were not notified of the MSJ as required. Link to comment Share on other sites More sharing options...
blueranger Posted July 30, 2008 Report Share Posted July 30, 2008 Or pray that his honor would dismiss the case becasue of theblatent disregard of court proceedures by the petitioner....also follow up with a motion for dismissal and the dismissal prayer. Link to comment Share on other sites More sharing options...
montanatim Posted July 30, 2008 Report Share Posted July 30, 2008 In some jurisdictions the counter claim must be filed with your answer. If this is the case for you then file a new action. From what you wrote, I don't see any FDCPA violations jumping out at me.What you may want to try is a motion for sanctions. Ask the court to fine these Bozo's for all there abuses of process, no money in your pocket but it slaps their pee pee's if the judge goes for it. You could probably file it on the same document with the MTD. Title it something like; Defendants motion to dismiss and for imposition of sanctions. You should ask for prejudice as well. Link to comment Share on other sites More sharing options...
beenserved Posted July 30, 2008 Author Report Share Posted July 30, 2008 blueranger, I thank you for your response.I already have a 3 page "motion for dismissal of summary judgement" prepared, and I was ready to file it with the court, and give a copy to the attorney for plaintiff today.However, the court granted me a 28 day clock, starting today. I just wanted to know If I can add a "Counterclaim", to a "Motion for dismissal of Summary Judgement"? Or would I look like a fool? Link to comment Share on other sites More sharing options...
beenserved Posted July 30, 2008 Author Report Share Posted July 30, 2008 Montanatim, I thank you for your response.I would accept prejudice as a win for me, and I would also like to see this guy get a slap or 2. So Instead of adding a page with a title of counterclaim, make a title of motion for sanctions? Link to comment Share on other sites More sharing options...
blueranger Posted July 30, 2008 Report Share Posted July 30, 2008 your honor, I ask for latitude I am an untrained laymanrepresenting myself and the petitioner is an expert attorneywho has failed to xxxxxxxxxxxxxxxxxxx and who intentionallyxxxxxxxxxxxxxxI pray that you will dismiss this petition for the failure of thepetitioner to follow the long standing court policies. Link to comment Share on other sites More sharing options...
blueranger Posted July 31, 2008 Report Share Posted July 31, 2008 your already the fool because you are representing yourself.dont worry about that...look at the rules and see what is allowed.... I would think the best way to win money is to sue and show the violations and win the case that way....I think when your being sued you should just want the case dismissed or want to win the case. You dont want to file to many motions...I am currently in foreclosure and I will try to win or get the foreclosure case dismissed..... and I will counter sue for violating the preditory loan law of kentucky.... Later If necessary I may ask for the suits to be combined and bound over for a jury trial....If your looking for money I would do that in a seperate case.... dismissal of the case is a wonderful sanction... Link to comment Share on other sites More sharing options...
beenserved Posted July 31, 2008 Author Report Share Posted July 31, 2008 Blueranger, Thanks for the follow up.Will that cost the Attorney for Plaintiff?or is that just for dismissal (which I already have in the bag, once I file the motion, within the time allowed) Link to comment Share on other sites More sharing options...
blueranger Posted July 31, 2008 Report Share Posted July 31, 2008 I think the best way to win money is to sue for violationsof the Fair Credit law.... lots of people have won sanctions thatway....but as I understand these folks sued you...So the best thing that could happen is if your case is dismissed...If your case is not dismissed then counter sue for violations....what is this case over anyway... Link to comment Share on other sites More sharing options...
beenserved Posted July 31, 2008 Author Report Share Posted July 31, 2008 Its for an old cc. Thanks for your help Link to comment Share on other sites More sharing options...
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