What to say in court to stop a Summary Judgment from being granted to Discover Atty.

[wq3232]

Hi, This is my first post. I hope I do it right. What a great forum and site this is for us laypeople!

Discover card is suing me for the $12k in charges made on my credit card. Their Atty filed a civil suit (complaint) about 3 months ago.

I "answered" that complaint within the 20 days required, and a scheduling conference was set for 1/15. What normally happens on the date of the scheduling hearing, I'm told, is that the court would set a date in about 3 months that is suitable to both parties, to hear both sides of the story. (My story is that many of the charges made were not authorized by me, or at least I would like that 3-months time to prove that. The FBI sent me a letter saying my credit card was found on the computer of a criminal in custody, and that he may have used my card, or sold my credit card number to someone else who may have used it).

But instead, I received a letter from their Atty that said they had a scheduling conflict and could not make it to court on 1/15. But they didn’t just ask the court for a different date. They filed a “Notice of motion and motion for a summary judgment" and stated “that the scheduling conference previously set for 1/15 has been removed from the courts calendar and, if necessary, is set the same date and time as the motion hearing on 1/22”.

I can't really afford to take a lawyer with me, and just need to know what to say or do in court on 1/22 so that a date is scheduled in 3 months like it should have been, and so that this new "summary judgment" not be awarded to this Atty. I'll bring the FBI letter to court for sure, but not sure that is enough to cause the court to not grant that summary judgment against me.

Thanks for your time…

Jim

[debtorshusband]

First, a lawyer is best qualified to help you.

Second, MSJ is one of the tools/tricks that unprincipled collection attorneys use to browbeat defendants representing themselves.

Next, it's too late now, but are you sure the 1/15 conference was postponed, or are you taking the word of plaintiff's attorney? You may want to check this into with the court ASAP.

Now, a MSJ is alleging that there are no facts in dispute, so the case may be decided in their favor. I don't know what your Answer said, but if you disputed their claims, their motion should not be granted. It sounds like you'll want to raise the issue of identity theft and that the charges were not made by you. You may be entitled to file something like an Objection to the Motion for Summary Judgment, rather than just waiting to state your case in person.

Good luck.

DH