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To MSj or Not to MSj

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That is the question? What can be considered a meaterial fact? Can an MSJ be won on a prima facia case?

1 Are you a collection agency? Admit

2.Were you the asignee of this debt from Dr? Admit

3. Do you report to all 3 Major Creit reporting Agencies? Admit

3.5 Do you know the date of 1st delinquicy? 12/08

4. Did you know this was a Medicare/Tricare issue Already Admitted

5 Did you Know the Statute of limitations had run out? Admit

6 Did you now this was not Mr. Crash5050's sole debt? Admit/Alleged Joint

7. Did you know the Dr had already been paid? Deny

9. Did you do due dilligence and contact the OC during investigation and re-investigation? Deny

It would seem to me that they have admitted that they are a collection agency trying to collect a debt assigned to them that was out of the statute of limitiations, reported to all 3 credit reporting agencies since 12/2008 on a debt that was "hold harmless" via Federal Statuteand that they did not contact the OC to Verify the debt was legitimate.

SOunds like an open and shut MSJ to me.


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