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Help with Pre-Trial Motion for Summary Judgment


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I need to know if I can still do something for this case......

I filed an opposition to the summary disposition. Appeared before the judge. I told the judge I do not recall the account and there had been fraudulent activity on the account during this period. (This is true) The judge said because I did not file any motions the case could be won by prima facia. (My health was really poor, the stress sent my autoimmune disease in forward) I am doing so much better I just need some direction.

There was a document stating that the account was sold to another JDB. (not the one suing) I believe more time was given to the plaintiff to find original documentations. I pretty much begged the judge not to grant the summary disposition.

Final pretrial is in less than 30 days. (Michigan) Although they have pretty much presented there evidence and in search of more. Can I still file a motion to dismiss? If so, On what grounds? Is there anything else that I can do to try and win this lawsuit.

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1.) Need to get an attorney now.

OR

2.) Do some mega legal research. Most cases can be won on debt collectors failure to comply with your states consumer law. I have no idea about Michigan consumer law, so here's what you do...

Find a kick a$$ local consumer lawyer, and if you are not going to hire him, search his name on the state court website case search. Find cases where he beat banks and JDBS. Write case numbers down. Go down to your local clerk of courts and look at the winning file. Those are the winning pleadings!!!!! You may have to pull several files to find one perfect for your circumstance.

Copy stuff that pertains to your case. You are looking for screwing other side on procedure since I sense the facts are not on your side.

Do this by Friday. You need to beef your answer and find a MTD that pertains to your curcumstances and file it next week.

I've driven 3 hours across my state for one case that caught my attention on my states case search at a very far away courthouse I wasn't disappointed, he was top consumer lawyer in state. I was pleading most of the stuff already, but picked up 2 or 3 really kick a$$ ideas.

COPY AND CONQUER!!!!!

But you need to put the effort in.

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This all started back in December I filed my answer with affirmative defenses. At the hearing we did discovery, in discovery they produced 6 statements addressed to an old PO Box., a purchase agreement from providian with the account sold to another JDB (not the one suing). I think this why they did not get the summary judgement that day...This was all presented at the pre-trial...I never filed anything else.......I was wondering if I could still file a motion to dismiss.....or what else can I do.....I will tell that looking back there were many things that I did wrong intially. They did the typical affidavit signed by there employee with the answer...I did not file a motion to dismiss...I was full of energy and doing research when this started but then I my health when down and I did by the time I got myself together this what I am dealing with.....I have been unable to find a case similar to this one...most end in a summary judgement. What can I do?

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You need to see a good consumer lawyer. Defeating Summary judgment is about finding a dispute about facts, OR a dispute about interpretation of a point of law.

Defeating summary judgment is nuts and bolts about submitting a counter affidavit disputing the facts of the plaintiff's summary judgment affidavit along with any evidence you have showing there is a controversy to the facts of the case.

You probably will not equipped to argue disputes of law and interpretation of law articulately enough to defeat summary judgment pro se'.

That's why you need to submit a counter affidavit denying the facts of their affidavit, PARAGRAPH BY PARAGRAPH and detail of your version of events in your affidavit and any evidence backing up your version of events.

However, you cannot lie to the court. Your affidavit has to be truthful.

That will defeat summary judgment.

"Evidence" could include any letter from a vendor stating your personal information has been compromised and you suspect identity theft or fraud.

Will this be enough? Hard to say. Every judge is interested in disposing of cases. If they think your argument against summary judgment is weak, they will dispense the case against you.

I've won summary judgment motions 5 times, lost twice. 1 of the 2 summary judgments is on appeal and I'm almost 95% sure, based on the briefing, the appeals court is going to grant me a reversal. (other summary judgment will be reversed on a motion to vacate once appeals court decision is in, other case is almost exact same circumstances as one on appeal.)

Defeating summary judgment can be tough if you are not experienced in it. I'm a hardened, pro se' litigator, and even I lost twice.

However, losing is also a victory, it allowed me to cut my chops in an appeals court! I consider great life experience. I would not do it differently given the tremendous life experience. If there is anything better than beating a bar lawyer in circuit court, ITS DEFEATING A BAR LAWYER IN APPEALS COURT! I'll be positively giddy!

Defeating professional bar lawyers is a treat, but if winning and losing summary judgment is life and death to you financially, by God, get a lawyer.

If all hope is lost and you don't see the way, and you just don't think you can hire a lawyer (which is incorrect), read the cardholder agreement! Exercise the arbitration clause. That will buy you time. There will then be a controversy whether the claim can be settled in arbitration or court. However, depending on your states law, arbitration may screw your rights and hang you with an arbitration award. This award means nothing until confirmed as a judgment. The confirmation hearing in court is where you need to hire a lawyer to defeat. This will buy you at least 6 months. It can possibly give you time to save up for a lawyer.

There is one other strategy if you are female (not a good male strategy)....cry...say to judge (while crying) "you don't know anything about these documents and papers and are confused about how to deal with the motion." You need to be convincing. That will generally tug at heart strings. You could still lose, but the transcript will give you good grounds to appeal....you pleaded with judge about your ignorance of procedure. Appeals courts, generally, don't like pro se' litigants being abused by court procedure. Judge will probably delay or continue the case to allow you time to get a lawyer. You may outright defeat the motion...if you do..kudos to your performance!

This is the best of my life experience I can impart. (Yes, I have a secret urge to say, "D-e-n-n-y C-r-a-n-e" after writing this!)

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  • 4 weeks later...

While all the information was overwhelming...I havbe definitely learned a lot....I can see all of my mistake but that is neither here nor there.....

This where I am now....the judge requested the credit card agreement it was not produced. The plaintiff pulled their request for summary judgment. Now we are going to trial. Granted I have only filed one motion. Not sure now if it was even the right motion. It was a summary disposiiton to dismiss plaintiffs summary and complaint.

Now we are going to trial with:

6 statements

a fake affidavidt

Fake purchase agreement to the wrong company

What can I do to win? I am so sick of this company.

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  • 1 month later...
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