Wow!! Plaintiffs' Summary Judgement Denied

[possum]

Hi All.

Cannot believe it...Had a court date, plaintiff is LVNV, on the 26th

of August...I answered their rogs and then sent request for production

of documents..Well their answer was a MSJ..I went the next day to

the court and filed an objection to it...so on the 26th I got to the court

house 1/2 hour earlier, everyone went in and the judge entered and

started calling names of defendants and plaintiffs'..when it was my

husbands turn, he answered here and prepared and low and behold,

the attorney for the plaintiff did not show, so it was denied..

Is this good? Also the judge told us to file a motin to compel them to

send in the documents..I am hoping this may be over, what do you

guys think?

possum

P.S.

I never could have done this without The credit Info Center...

Thank-you all so much...

possum

[Methuss]

Do as the judge instructed. File your motion to compel. If they fail to answer file your own motion to dismiss with prejudice and then think about sueing them for FDCPA violations.

Section 807(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.

Filing suit without evidence to back up the claim is an attempt to take an action against the consumer that involves lying to the court. Their complaint swears to the truth that they have a legal right to collect when they do not (lacking credible evidence).

[nascar]

Filing suit without evidence to back up the claim is an attempt to take an action against the consumer that involves lying to the court. Their complaint swears to the truth that they have a legal right to collect when they do not (lacking credible evidence).

That's an interesting concept. Are you aware of any cases which were decided on that premise?

[admin]

I would think if they included a statement in their complaint that they certified all statements as truthful...it would open up a hole to explore. Could you work in the frivolous lawsuit angle?