Request for Production

[FlaResident]

Currently have two suits going in Florida:

Amex via Wagner & Hunt

Chase via JP Morgan Legal

Sent answers on both. Sent Request for Production with answer to Chase and sent to Wagner & Hunt about a month after Answer.

Chase has responded to my answer. They act fast and seem to know what they are doing.

Wagner & Hunt has gone straight to Motion for Summary Judgment- and appears to have changed attorneys from Answer to MSJ. Is this an attempt to ignore my Request for Production? I think these guys were just counting on a default judgment and really don't want to play the game.

How long should I wait before filing Motion to Compel discovery?

To be quite honest I am trying to buy time until bankruptcy filing that I do not see happening until next June or so because I am trying to do things that need to get done before doing a Chapter 13. (dental work, house repairs). Dragging these cases out is an attempt to prevent the OC's from messing with my checking account. My sources of income are exempt (pension and unemployment) so they cannot garnish but I know they can levy bank account without notice after judgment and I would have to fight it after the fact.

Any advice on how to drag these cases out would be appreciated.

[FL4answer58]

Wagner & Hunt has gone straight to Motion for Summary Judgment- and appears to have changed attorneys from Answer to MSJ. Is this an attempt to ignore my Request for Production? I think these guys were just counting on a default judgment and really don't want to play the game.

A party moving (applying) for summary judgment is attempting to eliminate its risk of losing at trial, and possibly avoid having to go through discovery, by demonstrating to the judge, by sworn statements and documentary evidence, that there are no material issues of fact remaining to be tried. If there's nothing to decide, then, the moving party asks rhetorically, why have a trial? The moving party attempt to persuade the court that the undisputed material facts require judgment to be entered in favor of the moving party. In many jurisdictions, a party moving for summary judgment takes the risk that, although the judge may agree there are no material issues of fact remaining for trial, the judge may also find that it is the non-moving party who is entitled to judgment as a matter of law.

Your argument is that there are material issues of fact remaining to be tried.

Chase has responded to my answer. They act fast and seem to know what they are doing.

Your own discovery may slow this pace.

When first in pretrial conference - did you file answer w/discovery requests?

What did your answer include (affirmative defenses)?

Review this case - it might help:

DISCOVER BANK, Plaintiff and Appellee, v. JOSEPH STANLEY,

Defendant and Appellant. [2008 SD 111, 757 NW2d 756]

Discover filed a motion for summary judgment in a breach of contract claim against cardholder Joseph Stanley. Discover did so without filing a statement of undisputed material facts. The circuit court granted Discover’s motion, and entered a judgment against Stanley. Stanley appeals. We reverse.

Edited October 8, 2010 by FL4answer58

[Recovering Attorney]

Obviously, they think they have enough in their motion to get summary judgment. I find many collection lawyers would rather go straight to SJ than give you a chance to look at their stuff then move. Be aware of what they have alleged in teh complaint and what they show in their motion: does it align? Is the affidavit a mere parrto of the complaint by someone who doesn't describe who they are or work for? You need to find facts to dispute. Hopefully, you put defenses in your answer. You could argue that since they ignored your discovery demands you have not been able to prepare your defenses and thus the motion is premature.