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MSJ OR NOT TO MSJ-THAT IS THE QUESTION


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1. Dunning letter served

2. DV letter sent

3. DV letter responded to with 2 statements and a lie about a non existent last payment

4. Lawsuit filed

5. Complaint answered with denial

6. Interrogatories sent by plaintiff

7. Received copy of signed credit card application (not authenicated)

8. Interrogatories answered by defendant

9. Plaintiff sends copy of a bill of sale, that does not mention debt specifically.

So, far, defendant has received:

unauthenticated copies of 2 statements

unauthenticated copy of signed application

copy of a bill of sale

NOTHING ELSE

no sworn affadavits allowed because this is a small claims action

trial date: next month

Want to file a motion for summary judgment, but will have to pay attorney's fees if we lose. Don't know what to do. HELP

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So, far, defendant has received:

unauthenticated copies of 2 statements

unauthenticated copy of signed application

copy of a bill of sale

NOTHING ELSE

Motion to Strike Statements

Motion to Strike Application

Motion to Strike Bill of Sale

After Ruling on MTS, per RCP's of your "USA" jurisdiction, then MSJ.

Just my opinion.

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Got the last "document" about a week ago. Will be going to the courthouse on Tuesday to see if any of them have been filed with the court. If they have been, we will take immediate action.

This predator has done nothing but send piecemeal pages of the "alleged evidence" one piece at a time. If they thought that any of this "evidence" was admissable, they would have filed a MSJ by now. They do not want to go to trial and show the judge what they have got and are hoping that they have scared us into a settlement.

They have got to produce a live witness, and we and they know it. Unfortunately for them, the "creditor" they have listed as the OC, will have no first hand knowledge of the alleged debt because we already called them to find out the charge off date, and they did not have that information. We were told to call someone else. The OC they list was not on the credit report at all, and from all the information that I have read about the listed OC, they report you to the CRAs if it is their account.

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