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Court in three weeks need help on what to file


abbygail
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I'm being sued by a jdb and a bench trial is in three weeks. I answered the summons and used affirmative defenses. I was sent a settlement offer by the attorney which I did not accept. In turn, I sent them a request for production of documents which was only answered after I sent a reminder letter. They objected to most of my requests and responded by saying they didn't have the information or it was burdensome to obtain. They sent template letters from three different companies who supposedly sent communication. Then one letter from a fourth company had my name but a different address and account number for which I'm being sued. All they really have is generic bill of sale, and affidavit from affiant working for them saying they have knowledge of the debt, and one account statement with the account number, and an office generated purchase layout sheet. My question is do I have enough to file a motion for summary judgment or do I file to a motion to strike or preclude the evidence? Also, how can I use the letter with different address and account number to my advantage. Any help would be greatly appreciated.

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Does your court have online access? If so, check and see if any of this "evidence" is part of the court record, or if it was just sent to you. The JDB in my son's case sent unauthenicated copies of statements and a unauthenicated bill of sale to my son, only. We did not file a motion to strike because it was never presented to the court as evidence, nor was it attached to the original complaint.

I think you can only file a motion to preclude if you asked for evidence before trial and they said they did not have it or refused to give it to you, and then they try to present it at trial.

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In their summons, they included an unauthenticated bill of sale and cc statement, and affidavit in support of claim. I don't have access to the court but I will make a phone call to the clerks' office to see if they have filed any additional documents. I'm just wondering if I should file a motion to dismiss or summary judgment, or just wait to contest the evidence at trial.

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I would include that as an exhibit as evidence of sloppy work and harrassing behavior, but your primary argument is that they failed to establish the debt through amissible evidence. Addresses are not that important, and will never lead to a dismissal or a win. Account numbers can be used and should be. I don't know what these people pull, I had the same issue. I received ROGs etc with an account number different than that in the complaint, so I just denied everything. Let them stand in front of a judge and explain why the account number is not the one suit is being brought under, not my problem.

Concentrate on what they accused you of. Read the complaint word by word and tell the judge in your motion what elements they failed to provide. The basis of your motion is that there is NO material fact in dispute. Good luck.

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Does anyone have a sample MSJ, challenging bill of sale, credit card agreement, and assignment? Is it necessary to have case law if the documents prove the case?

http://blog.al.com/bn/2007/12/bishmotion15.pdf

http://www.alabamarivers.org/current-work/petitions/epa-petition/exhibit-u-2.pdf

http://www.settlementlawfirm.com/files/US%20v.%20Stricker%20Govt's%20MSJ%20.pdf

The last is a memo of law from a federal court, but I think the format will be acceptable. This is required with any MSJ. The cases are not credit card, I doubt you'll find anything that specific on the internet. You might want to read some decisions, that will help. Use google scholar, go to the advanced tab, and use the drop down menu to select cases from your state. You probably won't find any with the JDB's name, but the easiest way is to enter Citibank v. or Discover Bank v. or any bank name and the v. (versus) Just that, no more.

MSJs do not challenge the evidence. They ask the court to grant a victory in your favor as a matter of law. You have to show that none of the causes of action or allegations in the complaint can be proven in court by admissible evidence. They are hard to win, but worth a try. At the very least, you are putting the jdb on notice that you are going to make this very expensive for them. Here, I'll show you one:

citibank v. - Google Scholar

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