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Motion for SJ...no clue what's next


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So, apparently my response to the Plaintiff's interrogatories wasn't good enough.

In a nutshell, I admitted that I applied for the card, used it, paid on it, but asserted that it is past the SOL of Delaware (governing law). They still have not provided me a full accounting of the debt or how they even got to the amount they are suing for. The documents in my case are far too big to post on here...so I guess I'm just curious as to what I do next...??? Do I need to file a response of some kind? From all the information I got on here, I thought my SOL defense was solid...seemed the lawyer tore right on through it though. :-(

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So, apparently my response to the Plaintiff's interrogatories wasn't good enough.

In a nutshell, I admitted that I applied for the card, used it, paid on it, but asserted that it is past the SOL of Delaware (governing law). They still have not provided me a full accounting of the debt or how they even got to the amount they are suing for. The documents in my case are far too big to post on here...so I guess I'm just curious as to what I do next...??? Do I need to file a response of some kind? From all the information I got on here, I thought my SOL defense was solid...seemed the lawyer tore right on through it though. :-(

Thier Lawyer isnt interested in your argument - the judge is - their Lawyer is paid to ignore your argument.

I would file a competing Motion for SJ on the merits of your SOL defense, as well as a motion for trial. You probably also need to file a response to thier motion for SJ laying out what you just did above.

Do not let them get the last motion in.

(IANAL, I may have no clue what I'm talking about.)

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I admitted that I applied for the card, used it, paid on it, but asserted that it is past the SOL of Delaware (governing law).

Does your state recognize the choice of law provision?

In your opposition to their MSJ you will have to state the legal reasons that Delaware law should apply rather than IN law.

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Filing a MSJ is just part of the typical gameplan, there is nothing to be worried about.

I'd definitely file a Motion to Deny Summary Judgment and list all the reasons, just as Merrybucks says.

Don't forget lacks of contracts, complete documentation on the amount of the debt, etc.

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