Jump to content

smoked em' today in court!!!

Recommended Posts

As many of you know i have been dealing with a CA that filed suit against me back in July '07. After many months of requesting information from them and receiving nothing I filed a motion for summary judgement last June. That motion was granted but the local attorney filed a motion to set aside the judgement claiming they never received the notice of motion from myself. In the meantime they filed a motion of for summary judgement of their own which really made the whole case very messed up. In this MSJ from the CA they finally added some old statements of the credit card account and an affidavit from someone in the CA. Well today we finally got into court and were abel to get it all straight. The attorney stated that my counter-claim for violations should be dismissed based on my improperly filing the amended answer. My claim was that their motion was not valid as they had not provided any signed contracts, did not provide me the proper documentation or given me the required dunning letters. I said i could not effectively answer the question of if it was my account without seeing something that showed i knew of the account in 2004. The attorney told the judge his client could not provide any signatures, no cancelled checks, nothing to prove the account was mine other than the few statements they had with my name on them. After a somewhat lengthy sidebar with the judge, the attorney and myself it was agreed that my motion would be granted, their motion and suit was dismissed with predjudice. My counter-claim was also dismissed as well, but thats okay with me. it's done, it's over with!!! Yay me!!!:banana:

Link to comment
Share on other sites

This topic is now closed to further replies.

  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.