amiejames Posted March 27, 2012 Report Share Posted March 27, 2012 Hi! I posted about 2 weeks ago about a CACH lawsuit that my husband is in the midst of and I have a quick question...A Motion for Summary Judgement was filed, and we have an objection all ready to file, BUT a hearing to review the motion was set for April 23. I looked up the rules of civil procedure for the state of Florida and apparently we have until 5 days before the scheduled hearing to file our objection - but since this hearing is a whole month away, I'm wondering if it would be better to file it now or wait until we're much closer to the hearing. Our objection is basically that CACH, LLC has failed to prove assignment of debt properly, in fact, they really don't even have legal grounds to sue as they have no proof that they own alleged debt. So I'm good there. I'm just wondering if we should file the objection to the motion now or if it would be more beneficial to file it later, closer to the hearing.Also, should my husband attend this hearing? Thanks in advance! Link to comment Share on other sites More sharing options...
kittymamma Posted March 27, 2012 Report Share Posted March 27, 2012 I would say it would depend on how quickkly you want this to end......and do you actually want this to go to court or do you want to end it on paper? Our resident experts can advise you better than I, but I would oppose their msj and hit them with lack of standing, hopefully then they will realize that they dont have a case against you that will stand up and they will dismiss.Best of luck to you, I basically just won against Midland using the lack of standing....I filed msj on them first before they could file against me and they have backed off, just waiting for official word that it is over:) Link to comment Share on other sites More sharing options...
amiejames Posted March 27, 2012 Author Report Share Posted March 27, 2012 I guess I'm wondering if they will back off because of the objection and the lack of standing, or if they will just go and create more forged documents like the ones they originally submitted, making this an even bigger cluster****. My thought was if I filed the objection closer to the hearing they would have less time to pull fake documents out of their asses. But if it is possible for this to all end on paper before then, I'm all for that as well. I just want it to be done! Link to comment Share on other sites More sharing options...
KentWA Posted March 27, 2012 Report Share Posted March 27, 2012 You want to argue any motion or objection based on as many theories as possible. So if the court decides that one argument of why their MSJ should be denied is not good enough, then the other arguments may get you a win.Has there been discovery? Ongoing discovery is the quickest way to defeat an MSJ. Link to comment Share on other sites More sharing options...
kittymamma Posted March 27, 2012 Report Share Posted March 27, 2012 Yes did they supply you with everything you asked for in discovery? In my case they had basically nothing, bill of sale without my name and account number on it and some computer generated cc statements that were unauthenticated....lack of standing!!!I would think that if they didnt supply you with anything that would stand up in court during discovery the chances are that this is all they have are very good. I am quite sure you can beat them on this one way or the other!! Link to comment Share on other sites More sharing options...
legaleagle Posted March 27, 2012 Report Share Posted March 27, 2012 If you don't file an objection, you run the risk of having the motion granted absent objection. Your husband has to attend, not you, unless you are named in the suit. Link to comment Share on other sites More sharing options...
1stStep Posted March 27, 2012 Report Share Posted March 27, 2012 To be dirty, I'd file about 6 days before the hearing...use as many arguments as to why their summary judgment should not be granted.BTW - your husband needs to attend. Link to comment Share on other sites More sharing options...
amiejames Posted March 27, 2012 Author Report Share Posted March 27, 2012 I realize that my husband, not me, needs to attend. My name is not on the suit, he just doesn't have the time to deal with this so I'm doing the paperwork. Discovery is ongoing currently but by the time the hearing for the MSJ happens, it will be over. They provided the same generic bill of sale with no name on it, unauthenticated CC statements, an affidavit that is basically just hearsay, etc. They haven't submitted anything that proves assignment of debt so the MSJ should be stricken, I'm not really concerned about that part of it - I just wanted to know if we should file it ASAP or wait until just before the hearing, they cannot possibly award SJ prior to the hearing, I'm not worried about that. Thanks! Link to comment Share on other sites More sharing options...
legaleagle Posted March 27, 2012 Report Share Posted March 27, 2012 Just be advised that hubby has to argue this in court, he had better understand all this. If he doesn't, the judge may get into areas you don't want to go into, like who did all his paperwork that he obviously has no clue about, etc. You have to be careful, unauthorized practice of law is a serious offense. Link to comment Share on other sites More sharing options...
amiejames Posted March 28, 2012 Author Report Share Posted March 28, 2012 He understands, he just is extremely busy with a full time job and being a full time student, so I am the one figuring out what to do b/c we cannot afford an attorney. Surely it is not illegal to research how to defend a lawsuit for your spouse, especially considering that the implications of a potential judgement against my husband will effect me in the long run as well. I don't see anyone considering that "unauthorized practice of law" .... I am filling him in every step of the way. Link to comment Share on other sites More sharing options...
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