Moments1 Posted September 3, 2011 Report Share Posted September 3, 2011 1. Dunning letter served2. DV letter sent3. DV letter responded to with 2 statements and a lie about a non existent last payment4. Lawsuit filed5. Complaint answered with denial6. Interrogatories sent by plaintiff7. Received copy of signed credit card application (not authenicated)8. Interrogatories answered by defendant9. Plaintiff sends copy of a bill of sale, that does not mention debt specifically.So, far, defendant has received:unauthenticated copies of 2 statementsunauthenticated copy of signed applicationcopy of a bill of sale NOTHING ELSEno sworn affadavits allowed because this is a small claims actiontrial date: next monthWant 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 Link to comment Share on other sites More sharing options...
debtfighter Posted September 4, 2011 Report Share Posted September 4, 2011 So, far, defendant has received:unauthenticated copies of 2 statementsunauthenticated copy of signed applicationcopy of a bill of sale NOTHING ELSEMotion to Strike StatementsMotion to Strike ApplicationMotion to Strike Bill of SaleAfter Ruling on MTS, per RCP's of your "USA" jurisdiction, then MSJ.Just my opinion. Link to comment Share on other sites More sharing options...
Moments1 Posted September 4, 2011 Author Report Share Posted September 4, 2011 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. Link to comment Share on other sites More sharing options...
1stStep Posted September 4, 2011 Report Share Posted September 4, 2011 There's a risk if you do an MSJ... the court will view in favor of the non-moving party. I think you might be better off filing a motion to dismiss and include a declaration of the facts regarding the OC not having info, etc. Link to comment Share on other sites More sharing options...
Moments1 Posted September 4, 2011 Author Report Share Posted September 4, 2011 Thanks for the information everyone. I was hesitant, and in a holding pattern because I don't want to pay their legal fees in case they pull a rabbit out of the hat. When I view that file at the courthouse, I will know exactly where to go from there. Link to comment Share on other sites More sharing options...
Moments1 Posted September 6, 2011 Author Report Share Posted September 6, 2011 Went to the courthouse today to view the file. The only thing in there was the complaint and the answer.I am formulating the motion to dismiss, and I am working on getting all the case law together.These people are something else. Link to comment Share on other sites More sharing options...
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