Determined_in_Tx

Motion for Summary Judgement Hearing by Submission

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In March 2010 I received a summons I was being sued by GE Money bank via Zwicker and Associates in Texas for $1700.

I resonded to all court documents I was required.

I had paid the debt in full by August 2010. I sent a certfied letter with proof of payment and a request the case be dropped.

Months went by and I heard nothing until November 22nd 2010 when I received a Motion for Summary Judgement claiming the amount sought was $273.00 + court cost, attorneys fee and interest. I wanted this to end, so I paid it and sent Zwicker a certified letter with proof of payment and asked why I now owed more than the original amount sued for. If it was going to take them scamming me out of $273 to end this, then so be it.

I responded to the MSJ disputing their statement from the bookeeper at GE Money which stated I owed $_____. No amount was listed on the statement. I also responded with proof the debt was paid in full with proof of payment.

On Dec 27th I checked court data online and find there is a submission hearing Jan 3rd. I was never notified. Am I allowed to attend the hearing or since it's by submission, is there a point?

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Guest usctrojanalum
I thought the judge would only review the filed data and make a ruling and no oral arguement would be heard. Is that the case?

This is correct. However, if you show up to this hearing since you are pro se the judge might give you a break. The Courts where I live all hold their motions on a submission calendar, however if a pro se shows up the judge explains that there is no oral argument and that all arguments are made on paper and submitted to the judge. Then the judge typically grants the pro se defendant a reasonable adjournment to submit opposition to the motion on paper.

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This is correct. However, if you show up to this hearing since you are pro se the judge might give you a break. The Courts where I live all hold their motions on a submission calendar, however if a pro se shows up the judge explains that there is no oral argument and that all arguments are made on paper and submitted to the judge. Then the judge typically grants the pro se defendant a reasonable adjournment to submit opposition to the motion on paper.

what courts are these? state court or fed court?

the state courts here (kings, bronx) are horrible. oral argument on most motions (im only taking about credit transactions, unsure about foreclosure, etc)

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Guest usctrojanalum
what courts are these? state court or fed court?

the state courts here (kings, bronx) are horrible. oral argument on most motions (im only taking about credit transactions, unsure about foreclosure, etc)

In the Kings and the Bronx motions are done on submission but an appearance is also required. You can argue your motion orally if you like but it is not required. Some judges will insist on oral arguments though.

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IF you have real solid evidence that you paid in full, why not draft YOUR own MSJ based on "paid in full" no claim therefore exists and get this settled in YOUR favor totally? Just thinking out loud here, not sure what I'm missing...

I wanted this to end, so I paid it and sent Zwicker a certified letter with proof of payment and asked why I now owed more than the original amount sued for.

Their continued action on this ,after your paying in full, I do believe is a blatant FDCPA Violation,

IS it "too late" to file counterclaim? If not "I" would consider this course of action If it is, perhaps you should check into filing your own suit against them? Also IF( OP doesn't say either way) IF they're reporting this as due or past due to the CRA(s) then you'd have FCRA which IMO "should" get a good Consumer Attorney interested in taking them on for you ;)

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Interesting turn....I signed for a certified letter this afternoon from Zwicker. The letter contained a copy of a Motion for Dismissal with Prejudice that has been sent to the court as well as a statement claiming the account is paid in full and they consider the file closed.

I'm trying not to get too excited until I fully understand what this means. What does the "with Prejudice" part mean for me? Is this it? Is this finally over after 9months or is there something else I need to do? I'm guessing the hearing Monday Jan 3 is a mute point and I have no reason to attend?

They did report to the CRA's that $273.00 was past due.

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