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Errors in lawyers Motion for Summary Disposition. Can I use this to my advantage?


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Weltman, Weinberg & Reis (attorneys) are suing me for Discover

Card.I owe 2200.00. I am uncollectable, worse they can do is attach my income tax refunds. I counter claimed with the standard lack of standing, harrasment, etc. Denied all 5 counts on their complaint. They did not filed an answer to my complaint. They filed a Motion for Summarry Disposition. Problems:

1. It says "Now comes the Plaintiff/Counter Defendant Capitol One Bank

They are Discover Bank, not Cap One.

2. Under Attorneys it always says "We are a debt Collector collecting a debt for our client". Whos the client Disc or Cap One?

3. They say Disc. is original debt holder therefore are not subject to rules in FDCPA. Are they?. Can they call 20 times a day. They even said to transfer the balance to my other credit card cuz it has a higher limit and do it before my credit goes in the pooper

4.Exhibit A is a boiler plate Cardmember Agreement copyrighted 2010, no name, account #, nothing. I opened account in 2006.

5. Exhibit B is a series of statements. Its not, they provided one. The last one where it indicates the charge off.

6. Attorney of record on complaint was one guy, Motion for Summ Disp is another guy, Then the notice to appear is tossed back to first guy.

7. The affidavit says she is a Legal Placement Account Mang. for DB Servicing Corp. the servicing affiliate of Disc. Bank and she has personal knowledge because she has access to Disc records. That Exhibit A is a true and accurate statement. How can that be when there is nothing associating it with me and its copyrighted 2010?

Lastly, they had to refile. They sent one in mail and 2 taped to my door with different dates (they did get alternate serv order).

So trying to make this go away,citing confusion because of the diff dates, different plaintiff names, one statement, not a series as they claim and a boilerplate cardmember agreement and the DB Servicing people.

I owe the debt, I have no money, no job, no assets and have filed for disability. I know its wrong but any thoughts on how I can beat these guys?

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Any time you find out that the attorneys are sloppy you can use that to your advantage. It may not be some magic bullet that you can use to get the case dismissed right away, but it is still something that you can use nonetheless. Discovery + a lot of pressure from you will make them trip up like crazy if they suck as bad as you say.

Edit: I really don't care if its wrong. The CC companies are vile and lookout for themselves more than you will look out for yourself. Screw them. I hope you win.

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So now I have 14 days to return this form from their Summ Disp. The pre-trial statement has 9 questions that I have no idea how to answer. Will summarize and be greatful for any help.

1.Factual statement of claim, including counter claim, cross claim and affirmative defenses. Stated in launguage court can relate to jury.

ANSWER

2.Factual and legal issues to be litagated.

ANSWER

3. If pleadings not satisfactory, what formal ammendments will I request at pre-trial. State why necessary and why not sought prior to pre-trial.

ANSWER

4. Admissions of fact I'm prepared to meet.

ANSWER

5. Admissions of fact I demand from them.

ANSWER

6. List exhibits, evidentiary info reglating to case.

ANSWER

7. _ Jury Trial

_ Bench Trial

8. Estimated time of trial.

ANSWER

9. List witnesses.

ANSWER

My answer to their complaint denied all claims.Asked court enter judsement for me and dismiss with prejudice for lack of evidence and standing.

Counter complaint cited harassmentof multi phone calls a day, threats and asked

for damages of 1000.00,court costs and anything associated with paying fees etc.

They filed the summ disp, then the pre-trial thing and here we are.Want to postpone till I get my income tax refund also. Any advice out there at all??

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