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Motion of Summary Judgment Denied


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Motion for Summary Judgement denied. The judge denied, but said he agreed 90% with the JDB, but since I was defending myself he had to bend over backwards for me so denied judgement, but if plaintiff wanted to take to court would review documents. I may have screwed up (was nervous) at beginning I ask to be denied with prejudice due to wrong account number and etc. When he denied summary he didn't say with or without prejudice. The JDB lawyer tried to say that the account number on the paper with my signature was their account number because the account had been bought so many times, which is false. So if they do decide to go even further how do I prepare. Not sure if it is over, lawyer was pretty mad with me

For more background, see post of Court date 5/20, sent wrong proof.

Thanks to everyone with all the help so far.

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well this is seemingly good news. but why was the jdb attorney mad at you, and why did was the judge leniant with you if he admittedly agreed with the jdb? did the judge suggest that y'all do more discovery or what?

I don't understand how he denied the summary judgement given his statements and the jdb's. please elaborate if you have the time. thanks.

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I don't know. I just stood my ground that it was one account # and a different company on the cc and a different acct # and name on the proof he sent with my signature. The judge just said he had to be lenient to me and bend over backwards for me because I was defending myself. He told the lawyer for the JBD that if he wanted to take it to court he would look and the documents.

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admin,

I don't believe I owe the debt and it was two different acct #, company and amount of account. I told them I have been trying to find out for a year what this is all about and couldn't get a response from the JDB even though I requested proof last year twice and then when they filed for the summary judgement I went through the court for discovery and then they sent me a different account. So can I still be taken to court over this or is it done.

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I believe merrybucks has hit it on the nose.

A MSJ is basically saying "the defendant hasn't contradicted any of my claims, so there are no matters of fact at issue, so you (the judge) can decide in my favor without looking at any evidence."

The MSJ has been denied (and there is no with or without prejudice for those). So now the plaintiff has a choice. He can either give up and file for dismissal (now the with or without prejudice applies) or he can request a trial date. (Exact procedures vary from state to state, but that's the general idea.) At trial the plaintiff will present his evidence, you will have a chance to challenge it and otherwise defend yourself, and so on.

Good luck.

DH

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