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Back in June of this year, I received a dunning letter from a DC on behalf of the OC. I timely responded to it by asking for validation. Never got a response, instead I got a lawsuit summoms. I answered the summons by saying that I did not have sufficient information to affirm or deny the amount of the debt and demmanded strict proof of the same from DC. The DC filed a Motion for Summary Judgment with bunch of law cases and arguments as to why the OC is entitled to the Summary judgment petition. I have to respond to their petition to the court for Summary Judgment as to why the petition should be denied. The DC/OC filing papers do not show how they arrived at the amount of money alleged owed. They refer to itemized statements showing the total balance due, interest, amount over the limit, etc. The so called statements is only one from July 2008, there is nothing in their papers showing how the total amount was arrived at.

I am considering responding to the summons that since they have not proved with details how they calculated the total amount owed, the court should deny the Summary judgment.

Any suggestions?

PS: I know the debt is mine, but I have no way of knowing how much in reality I owed

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Then you should argue as such.

Most of the case law I've read is that summary judgment is only appropriate if there is no outstanding matter of law or fact on the table.

Well, there is a matter of fact, the true amount owed. And you should argue for that reason that summary judgment should be denied.

I'd do a quick bit of research on here too, to find out for sure how the higher courts have ruled on the issue of summary judgment. I think that with a little work, you'll have no problem getting this motion quashed as you show that there is still a question of material fact involved.

You should have a hearing on the motion prior to the trial, but again, that's general advice, and it depends on your court system.

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Well, there is a matter of fact, the true amount owed. And you should argue for that reason that summary judgment should be denied.

That isn't sufficient to prevent a summary judgment. The court will simply rule in favor of the plaintiff on the question of liability for the debt and leave open the question of how much. End result is a loss.

There needs to be a question as to whether the plaintiff is entitled to recover anything at all.

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Thanks nascar and LUEser

There is an issue regarding the total amount owed. Their papers showed a total of $11,210 of wich almost $5,000 are for over the credit limit. This amount probably includes late payment fees, over the limit fees, interest and probably, I'm not sure, interest over interest. This is the amount I am questioning wich I don't know how they arrived at. Plaintiff is entitled to be paid, but if they do not show details of that particular amount, how do I know. They have indicated, not provided, in their papers that they have all account information to come out with the final amount, but refused to disclose it, I don't know why. They can easily tell the court, Look judge, here is all the account information and this is how we arrived at the claimed amount and that would be it. But ?. I will do more research on the subject to see how I could respond to the SM.

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