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P&F law suit for whatsinyourwlalet account

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I been served with a civil suit from by P&F "law firm"/ CA in

the name of OC- whatsinyourwalet bank.

Since last fall after the summon and my answer nothing happenned

for 5 months other than phone calls that i did not answer. Last week i received a Motion for Summary Judgement that i needed to answer

really fast because it seemed to be sent late to me.

I was working on the answer for two days and when i got to the court

to ask some questions about the filing date of the motion, to my surprise

they never filed the motion with the court. They only sent the copies

of the motion to me with the service crtification w/o being filed w the

court. Is this a new intimidation tactic/ or they are just plain stupid?

They had a 3 page Motion with legal arguments and an Affidavit of Support

ready to be filed in court. The only thing missing is( i see it now-court filing stamp) What should i do? Can this be used to my advatage?

Anybody had similar experience?

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We really need more info. Is Cap 1 the plaintiff or is a JDB suing?

I would not have put up with their crap. I would have notified their attorney that since we are in litigation he had better order his client to forward all communication through him, or I would seek a protective order. I personally would seek a protective order without meet and confer or anything further, one to get them to stop calling and 2 to sanction for false filing as it made you expend a great deal of effort for a filing that did not occur. You need to get offensive in how you approach this and just not wait for them to make the next move.

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Yes cap1 is the plaintiff.

P&F is listing them as planitiff but they don't have updated records from

2011. They are listing cc statements from 2010. If Cap1 would be still

the account holder they would have more updated records.

The only thing they have other than 2010 statements is an Affidavit

from Nov. 2011 stating how much is the debt(little bit over 1100) and

signed by a person from Virginia(this is Nevada) who does's not

identify herself only as somebody whose scope and job responsabilities

made her familiar with the bank's record keeping processes.

The Motion for Summary Judgement not filed yet but sent to me

has a page and half of legal arguments on why they should be awarded

the judgement(no desfense,no material facts in opposition,breach of contract

proven by acount statements on my name,case law cited etc).

I did a lot of work to do the opposition but i don't know what to do now

after i found out that the motion wasn't filed yet.Did they make an error

by not filing it or just a new scare tactic to make me make a move?

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The major card issuers are just as sloppy as the attorneys they hire. They rely on the 95% that doesn't even respond to the summons instead of relying on having good records. Seriously, they suck. Sometimes they have the goods, and sometimes they don't. I bet your affidavit was robosigned either by a Crap1 employee or by somebody Crap1 hired. The affidavits Crap1 uses are notoriously vague as to what the affiant actually does.

I'd keep the motion and make copies. If there is a website where you can check to see if they've filed anything, check it every day to make sure that they don't try to pull a fast one on you. If they never file the motion, I'd argue that's a big time FDCPA violation.

Edited by usagi555
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USAGI, would this be an FDCPA violation since this is the OC? I'm really disappointed this isn't our favorite creditor! Anyway, if the motion was never filed with the court, no action is required on your part, Pleng. Let it go and take the time you now get and use it to study. These things are easy to defeat if no discovery has been completed or some material fact is in dispute. Yeah, let us know who the actual plaintiff is. OC or a junk debt buyer.

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