sodimm Posted November 20, 2009 Report Share Posted November 20, 2009 Guys, need some advice. Pressler and Pressler is trying to file a motion for summary judgement against me. In their motion, they have attached a pile of statements and card agreeement. I think they falsified those statements. The address that the OC allegedly sent those statements to didn't even exist on the closing dates they listed on those statements. It was a farm that didn't have the street on it!I pulled out my old tax records, mortgage apps, etc. and found old pay stubs, cable bills, bank statements, etc. with my true, correct address where I was living. I even have a copy of my driver's license from that time!So basically, I am going to file an objection to the motion for summary judgement. Include copies of the bills, statements, etc. blacking out SS numbers, etc., and state that the material facts are in dispute because the documents provided by the plaintiff have clearly been falsified? Also, there is no signed agreement bearing my signature, would I also state this, or are the falsified statements basically a nail in the coffin for them?Would I be able to file a motion to dismiss based on the fact that the provided statements are false?Would I also be able to sue under the FDCPA? Thanks guys. Link to comment Share on other sites More sharing options...
admin Posted November 20, 2009 Report Share Posted November 20, 2009 File a motion to strike the evidence. You can ask for authentication. Link to comment Share on other sites More sharing options...
sodimm Posted November 20, 2009 Author Report Share Posted November 20, 2009 There's a certification in support signed by a "rep" from discover stating that they are familiar with the books and records, etc and that the statements are true and accurate. Is that their authentication?Also, I have 10 days to file an objection, would I file an objection as well as motion to strike evidence?Thanks. Link to comment Share on other sites More sharing options...
admin Posted November 20, 2009 Report Share Posted November 20, 2009 I'd make the witness come in and testify to what her actual job is and how she is familiar. See this article: http://www.creditinfocenter.com/legal/motion-to-strike-affidavit.shtml Link to comment Share on other sites More sharing options...
Morganna Posted November 20, 2009 Report Share Posted November 20, 2009 If you google them you will see the nightmare they are ..Your state's AG has gone after them as is the NY AG ...You will want to send your AG a letter and copies of their alleged validation ..If you can prove they falsified those statements that will be huge for you ..Supply proof of that inaccurate address .. Go to the town entity that would have the map showing the area supporting your statement that the addy doesnt exist. Look at the tax rolls as well - was there a dwelling there that was taxed? Go the post office and request a letter stating the address doesnt exist and no mail was ever delivered there .. Those docs will go a long way in supporting your case.Those supporting statements will be from local/state/federal government agencies and a little hard to dispute in court.Once you get the statements out the case collapses ....What do your rules say about objecting and motions? You need to file these according to your rules.... Link to comment Share on other sites More sharing options...
sodimm Posted November 21, 2009 Author Report Share Posted November 21, 2009 Yep, I've found a lot of info about them.I didn't have enough time to do the town thing, court rules state that you have 10 days to file an objection, real days too, not business days. So these guys sent the motion on Thursday, taking out the weekend, coming Thanksgiving holiday, the court is closed 2 days plus next weekend, giving me 3 business days to file. So I basically used the form provided on the NJ website to object to a motion, found some great links and info going through the site admin provided in her post below and sent it off with copies of bills and paystubs with addresses objecting that there is a question of material facts. I'm going to file a motion to strike evidence once I get the town records.On a second note, I believe I can file a suit for violations of the FDCPA. As I was reading posts and sites for my objection, I found a brief that this is using false and misleading information to collect a debt and an unfair means to collect a debt. Now, would each months copy of the account statement count as 1 violation of which I have about 40, or is the whole pile 1 violation?Thanks for all the great info provided so far! Link to comment Share on other sites More sharing options...
kadesdad07 Posted November 21, 2009 Report Share Posted November 21, 2009 Also look at your states rule of civil procedure for MSJ this is from Ga(g) Affidavits made in bad faith. Should it appear to the satisfaction of the court at any time that any of the affidavits presented pursuant to this Code section are presented in bad faith or solely for the purpose of delay, the court shall forthwith order the party employing them to pay to the other party the amount of the reasonable expenses which the filing of the affidavits caused him to incur, including reasonable attorney's fees, and any offending party may be adjudged guilty of contempt.You could also file your own MSJ. Link to comment Share on other sites More sharing options...
sodimm Posted November 23, 2009 Author Report Share Posted November 23, 2009 No such luck having that provision in the court rules. I have to file a motion to strike the evidence, then motion for summary judgment if it's struck. The court date is approaching pretty quickly though, Dec 20th. Link to comment Share on other sites More sharing options...
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