* HELP! * Motion For Entry of Summary Judgement By Plaintiff

[Koss]

I have a motion for entry of summary judgement against me by Capital One in Indiana. Plaintiff is using a law firm in Indiana which does all their dirty work. When I asked the Plaintiff who I would write the check to (if I were to make a payment), they said write the check to their Law Firm and NOT Capital One. Which is odd cause i'm being sued by Capital One (plaintiff).

Plaintiff has attached a motion with the following statements:

"Plaintiff moves the Court for issuance of Summary Judgement against the above named defendant, and designates the following on which platinff relies for the purpose of this motion:

1. Plaintiffs Complaint and Exhibits

2. Plaintiff's Memorandum in Support of Motion for Judgement

3, Plaintiff's Affidavit in Support of Motion for Summary Judgement.

4. Motion for Summary Judgement

5. Affidavit in Support of Attorney Fee Claim ($125)

6. Billing Statement (they attached a fabricated statement!)"

How do I fight this motion, and how do I get this to go to a hearing or better yet have the motion dismissed?

Please help, as I cannot afford to hire an attorney!

[Hollywood]

I just got the same thing. I don't know if you've been through the answer to the complaint, Discovery, and all that, but you have to poke holes in their statement of facts and file an Opposition pointing out these flaws. Did they include a signed agreement? Is the agreement even valid from the time frame they state you opened the account? Check the copyright date on it. You've got to dispute these things to show their facts are wrong. If their statements are fabricated, then explain why they are. Even better if you have Exhibits of your own of statements proving they're false.

[skippy1960]

I have a motion for entry of summary judgement against me by Capital One in Indiana. Plaintiff is using a law firm in Indiana which does all their dirty work. When I asked the Plaintiff who I would write the check to (if I were to make a payment), they said write the check to their Law Firm and NOT Capital One. Which is odd cause i'm being sued by Capital One (plaintiff).

Plaintiff has attached a motion with the following statements:

"Plaintiff moves the Court for issuance of Summary Judgement against the above named defendant, and designates the following on which platinff relies for the purpose of this motion:

1. Plaintiffs Complaint and Exhibits

2. Plaintiff's Memorandum in Support of Motion for Judgement

3, Plaintiff's Affidavit in Support of Motion for Summary Judgement.

4. Motion for Summary Judgement

5. Affidavit in Support of Attorney Fee Claim ($125)

6. Billing Statement (they attached a fabricated statement!)"

How do I fight this motion, and how do I get this to go to a hearing or better yet have the motion dismissed?

Please help, as I cannot afford to hire an attorney!

First you need to understand what MSJ is. Most simply put the plaintiff is saying there are no "triable issues of material fact". So your job is to create "triable issues of material fact".

An easy guide as to what you should file in form and substance is to match what they filed and went to you. If that is the case in your circumstances here are the documents you should file and the possible name-

1. Plaintiffs Complaint and Exhibits

2. Defendants Opposition to Plaintiff's Memorandum in Support of Motion for Judgement

3, Defendants Opposition to Plaintiff's Affidavit in Support of Motion for Summary Judgement.

4. Defendants Opposition to Motion for Summary Judgement

6. Billing Statement (they attached a fabricated statement!)"

7. Defendants Declaration in Support of Defendants Opposition to MFSJ.

You have to find parts of their case you can create triable issues of material fact, for instance the affidavit or affiant testimony. Is the suit filed in correct plaintiff's name, is it the OC's or is there some reason they may own the debt? You are the only one who can see what they have sent so you need to pick through that and find things that don't add up.

Good Luck