thefinz

Help!!! I just received a notice in the mail that the court awarded sj

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Hello, this is my first post on here and I need help. I am fighting Midland Funding in a civil suit and their attourney just asked for a summary judgement and received it. The funny thing is the judge awarded it to them even though I am still waiting on the production of documents. The reason the attourney asked for summary judgement is because in my response to the summons and also in the interrogatories I stated that I don't recall such debt and wish for the plantiff to provide the original signed contract and all account activity. They did none of this but they sent out an affidavit for me to state it was identity fraud. I never filled it out because there was no attachment from the courts and it was never placed in the docket. I need some help please!!! I live in Ohio If that helps

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Hello, this is my first post on here and I need help. I am fighting Midland Funding in a civil suit and their attourney just asked for a summary judgement and received it. The funny thing is the judge awarded it to them even though I am still waiting on the production of documents. The reason the attourney asked for summary judgement is because in my response to the summons and also in the interrogatories I stated that I don't recall such debt and wish for the plantiff to provide the original signed contract and all account activity. They did none of this but they sent out an affidavit for me to state it was identity fraud. I never filled it out because there was no attachment from the courts and it was never placed in the docket. I need some help please!!! I live in Ohio If that helps

Are you certain you didn't admit to anything when you answered the complaint or interrogatories?

How did you respond to their motion for summary judgment? If you didn't respond at all to their motion, that's why they won.

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When the other side (PLaintiff) does a summary judgement you get a copy in the mail and you MUST respond to it. If you don't respond to it no matter what else is going on in the case, then they win. finished, over. You needed to respond and say that you have no recollection of this debt and that you are in the process of discovery from their side and that they have refused to answer it. I would have also answered there is no proof you owe the debt, no receipts, no signed agreement. Nothing and that they should not prevail. But it is too late for that now. I don't know if there is anything you can do at this point. They won. Perhaps you could ask for a motion for reconsideration.

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The funny thing is the judge awarded it to them even though I am still waiting on the production of documents.

Did you demand production of documents strictly according to the rules of procedure or did you just demand it in your answer to the lawsuit or other communication with the attorney for the other side?

It won't be funny if your answer is you just demanded in a letter or in your lawsuit answer and not by a formal production of documents request.

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Read what you received carefully.

In Ohio, you need to file "Leave of Court" to file a MSJ. Most courts grant leave automatically. Check and see if these was a leave to file vs the actual MSJ itself.

Post back.

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Ok also to let you know, I asked for the documents informally at first in the response to the summons. Then I asked for the documents formally through a production of documents. They have until the 30th of this month to provide the documents

I have been very careful as to how I have done things. I also did not admit anything on the interogetories and production of documents. I have been watching my p's and q's

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You have 14 days to file a response to their motion for summary judgement. You need to show what issue ar unresolved to defeat the motion. Outstanding discovery request can be one of the issues you raise.

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I just replied to dismiss s.j. now is there anything I need to do to get my case turned back into regular trial.

You can't dismiss a motion that hasn't been filed yet. Summary judgment is the plaintiff telling the court based on the proof before it, there are no conceivable issues of fact, no trial is necessary and they are entitled to judgment.

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