Voughndutch

CACH LLC filed Motion for Summary Judgement against me

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I would like to know what my options are. I thought I had more time, but something told me to check the manilla envelope they sent me and I have to appear in court 5-14-12 9:30AM for an MSJ hearing.

Here is the timeline in brief.

  • I live in NY state, Queens County
  • Early last year Cach LLC called and harassed me, and my mother about a debt. I tried to settle, cach bullied me, the terms were not fair.
  • sent out debt validation letters
  • they did not reply in 30 days(cannot prove mail wasn't certified)
  • they sent envelope with account statements
  • I mailed them a letter back, stating I needed more proof.
  • they filed motion for lawsuit
  • I responded with answers
    • General denial
    • I do not have business relationship with plaintiff
    • Unconscionability
    • Other: Harrasment

    [*]Conference was scheduled soon after

    [*]During the conference a trial date was set

    [*]I filed a motion for discovery

    [*]plaintiff filed motion for MSJ

how do I strike the summary judgement?

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In general, you file a Motion in Opposition to Summary Judgment. In their MSJ, they are arguing that there are no issues of fact in dispute, so a trial is not necessary, and judgment can be granted in their favor. Your Opposition must attack each point of their MSJ, and argue that there are indeed issues of fact in dispute that must be settled with a trial.

You say you filed a motion for discovery; I'm not sure how Discovery is handled in your jurisdiction. My fear is that they sent you Discovery requests, you didn't respond, and that is what they are using to say that there are no facts in dispute.

If you search the forum for Oppostion to Summary Judgment, hopefully you will turn up helpful information.

Good luck.

DH

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In general, you file a Motion in Opposition to Summary Judgment. In their MSJ, they are arguing that there are no issues of fact in dispute, so a trial is not necessary, and judgment can be granted in their favor. Your Opposition must attack each point of their MSJ, and argue that there are indeed issues of fact in dispute that must be settled with a trial.

You say you filed a motion for discovery; I'm not sure how Discovery is handled in your jurisdiction. My fear is that they sent you Discovery requests, you didn't respond, and that is what they are using to say that there are no facts in dispute.

If you search the forum for Oppostion to Summary Judgment, hopefully you will turn up helpful information.

Good luck.

DH

If there are admissions deemed admitted, you are probably screwed. Beyond that, listen to this. To expand upon this, you do not argue your whole case in an opposition to an MSJ. You point out what the material facts in dispute are.

e.g:

Plaintiff's evidence alleging ownership or assignment of the alleged account has no reference to Defendant or the account that is the issue of this instant action.

There, you are not saying that they don't have standing. You are saying that they have not provided any evidence or material facts that show that they do have standing. A person could come to either conclusion on the matter, or even no conclusion at all.

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I would like to know what my options are. I thought I had more time, but something told me to check the manilla envelope they sent me and I have to appear in court 5-14-12 9:30AM for an MSJ hearing.

Here is the timeline in brief.

  • I live in NY state, Queens County
  • Early last year Cach LLC called and harassed me, and my mother about a debt. I tried to settle, cach bullied me, the terms were not fair.
  • sent out debt validation letters
  • they did not reply in 30 days(cannot prove mail wasn't certified)
  • they sent envelope with account statements
  • I mailed them a letter back, stating I needed more proof.
  • they filed motion for lawsuit
  • I responded with answers
    • General denial
    • I do not have business relationship with plaintiff
    • Unconscionability
    • Other: Harrasment

    [*]Conference was scheduled soon after

    [*]During the conference a trial date was set

    [*]I filed a motion for discovery

    [*]plaintiff filed motion for MSJ

how do I strike the summary judgement?

I want you to dig deep down, pick the wax out of your ears and listen to me. You file an Opposition to Plaintiff's Motion For Summary Judgment and attack their MSJ motion point by point. Your main defense is that there is no legitimate assignment of debt on the record in this case. Plaintiff has not proven with admissible evidence that they own YOUR alleged account. There is no Bill of Sale directly linking your name, account number and current balance owing between the original creditor and CACH. Hammer the Plaintiff and the Court with that MATERIAL FACT.

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Well I just got home from the courthouse not too long ago. Much to the dismay of the CACH attorney I was granted the right to file a motion for summary judgment. I have to get it in by 6-1-12. Any advice would be greatly appreciated.

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I am working on writing my motion to strike summary judgement and I can't help but to feel like i am wasting time. As mentioned above in the timeline I asked for discovery, and in response CACH provided me with the "original" Contract(no signature), statements, bill of sale(sketchy no reference to me or the alleged account, not authenticated), a sale file(some of my personal info not authenticated), and finally an affidavit of sale of individual account by someone claiming to work for hsbc and claiming the would testify on facts in the affidavit(notorized in the state of delaware). My question to any legal professionals on this board is, am I wasting my time? I feel like they pulled out all the stops on this one. NOt trying to be negative but my aim was never to get off easy, it was to learn more about the law and have these people fight tooth and nail for this money that they claim I owe them after badgering me, using scare tactics, and being unfair when I asked to settle prior to all of this. Any useful information and experienced insights are greatly appreciated thanks in advance.

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Why would you be waisting your time ? I was a newbie like you a few months ago and I marched right into a trial with CACH, LLC and won. Actually, they tucked tail and dismissed the case.

I know exactly how rude and demanding these buttsniffers are, but disregard their threats and fight fight fight !

Check out my threads and you will see the excellent advice I received from this forum that i used in my case.

I would also suggest a solid trial brief to keep yourself and your argument flowing just in case a trial occurs.

Once again, my trial brief was loaded with arguments that wouldn't have won my case, but diving into the help and suggestions from the participants on this forum, the "Standing" issue was the bedrock that helped me win.

good luck.... :D

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Their evidence is crap and just showing the court how big a pile of crap it is will defeat their MSJ.

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You said they included a copy of the contract. Are you refering to the cardmember agreement...terms and conditions? That's not a contract. That's merely the terms that apply to the card.

You also stated you're working on a motion to strike summary judgment. You don't write a motion to STRIKE summary judgment. You write an opposition. What exactly happened at the court hearing on the 14th?

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At trial, I took out a piece of paper and wrote, Judge XXXX owes Coltfan one million dollars. I then asked the judge if I sued him and walked next door to Judge XXX and said, look Judge XXX Judge XXX owes me one million dollars, here it is, right here in writing, do you owe me one million dollars Your Honor?

The clowns I fought backed a UHAUL to the courthouse steps full of "evidence" I'm talking affidavits from tons of folks with fancy sounding titles and a twenty page brief on how I owed the debt.

I just cut right to the chase and said, yep, owe every dime, not to you though, prove I owe you !!!! :shock::shock::shock::shock::shock::shock::shock:

:trainwreck:

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consider "hearsay" m the form of an affidavit from a witness?3 The answer ... at 807 That being the case, there is something substantial to be said in favor of any ...... Merrell Dow Pharmaceuticals, 113 S. Ct. 2786, 2798 (1993) (describing "the .

here is a little shot at MSJ if ya wanna take a look....

http://scholarlycommons.law.wlu.edu/cgi/viewcontent.cgi?article=1803&context=wlulr&sei-redir=1&referer=http%3A%2F%2Fwww.google.com%2Fsearch%3Fhl%3Den%26client%3Dfirefox-a%26rls%3Dorg.mozilla%253Aen-US%253Aofficial%26q%3DConnecticut%2Bcases%2Baffidavit%2Bis%2Bhearsay%26oq%3DConnecticut%2Bcases%2Baffidavit%2Bis%2Bhearsay%26aq%3Df%26aqi%3D%26aql%3D%26gs_l%3Dserp.12...25346.29743.0.33317.9.9.0.0.0.0.678.3428.3j0j1j0j2j3.9.0...0.0.9WP2cBjVKPo#search=%22Connecticut%20cases%20affidavit%20hearsay%22

in part on page 1995....

When May a Court "Strike" or Disregard a "Sham Affidavit" Because It Is inconsistent with the Prior Testimony a/the Same Witness?

As noted above m Parts n and m, the administration of summary Judgment has been bedeviled by various pervasive myths that deceive Judges into believing that they have no power to entertain some summary Judgment motions that may well be meritorious, out of an exaggerated fear of "usurp*ing the province of the Jury" or Violating the Seventh Amendment rights of litigants with nonplausible or unbelievable claims. Ironically, but not by coincidence, there has emerged a countervailing error m the law m a more or less inconspicuous reaction to the excesses of the absurd View that evidence cannot be "weighed" and can only be "believed." In an artificial effort to limit the problems posed by that mistaken View, lower courts and commen*tators have developed a rule that does, m fact, truly and routinely threaten the Seventh Amendment.

This stunted development m the law finds its roots m the Judiciary's reaction to a problem that IS relatively common, Judging from the reported cases. The scenario IS as follows. A party, usually the plaintiff, makes certain admissions m a statement, typically at a deposition, that are at least arguably fatal to some aspect of that-party's claim's.269 At that point, the defendant moves for summary Judgment, relying m whole or m part on the plaintiff's admission. In response to that motion, the plaintiff comes forward with an affidavit to "correct" the problem. The parties then take predictable positions. The defendant argues that the new affidavit IS a deliberate lie and a flagrant contradiction designed for the sale purpose of

Edited by My~Cuz~n~Vinny~

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You said they included a copy of the contract. Are you refering to the cardmember agreement...terms and conditions? That's not a contract. That's merely the terms that apply to the card.

You also stated you're working on a motion to strike summary judgment. You don't write a motion to STRIKE summary judgment. You write an opposition. What exactly happened at the court hearing on the 14th?

Yes you are correct an Affidavit in Opposition to the MTS is what I have to provide before 6/1. Any good examples around that I could tweak? From my research on this site stating case law can help but, is it necessary in this affidavit? It might be needed in the future so I would like a headstart on caselaw thats supports my standing in this matter.

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Few weeks back I was here seeking advice on how I should approach my affidavit in opposition to summary judgement. The advice was pretty good. I wrote up an affidavit combining the best of what you guys provided, which was a handwritten paragraph simple and to the point. Notorized it and sent a copy to the law firm by 6-1-12. 6-15-12 was the next meet/confer/hearing not really sure what these things are called. I was feeling confident because the lawyer was no where to be found when the schedule was being called, then at the last minute he popped up. Pssh whatever. Anyhow much like the other meet/confer there was a court appointed attorney, they basically go through plaintiffs Papers and try to see how legit they are. She looks at the papers as if it business as usual makes some smart remarks here and there about how the information was presented. She then reads my affidavit and ask me am I trying to be tricky do I really owe this money. She summerizes that my argument is hinting at or saying that the attorney lacks standing. She says he provided everything I asked for(I doubt she whole heartedly believes that ), which would be the sketchy bill of sale (unauthenticated), a sale file, and an affidavit in support from someone he claims works for the company(HSBC, Nevada) and has knowledge of my account (the person lives in Delaware ). With all that said, much like the court appointed attorneys she suggested a settlement of course I denied. She said I have no proof and he has a stack of papers of affidavits, motions, case law, sale files, statement printouts etc. She made the comment I need to get hot (I am in NYC we are currently experiencing a heatwave)and the meeting was ajourned till the trail date 7-10-12 9:30 am. What should my next best move be, looking for check mate. Oh yea before I forget before the meet/confer the lawyer handed a courtesy copy of a affirmation in reply to his msj, what is this about is this something more I need to counteract or worry about?

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I would have told the mediator they were 100% correct that I was trying to be sneaky and that I indeed had no evidence.

I'm beating them with their own evidence. So call me whatever the hell you want, but one thing you will be calling me after the trial is "winner"

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What did your opposition look like? If it isn't following form you have a problem.

The format should have been good, from this process it would seem that the courts are pro consumer. I say this because the form was provided for me by the courthouse I just filled in my name, wrote my affidavit went to the notary put the date in signed and notarized it. My affidavit was somewhere along the lines of post #3.

Edited by Voughndutch

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Sorry, I am new to this whole process, I understand what you mean when you say attack but I want to do this the right way. Do I file a motion? If so what kind of motion. Where can I find examples of these motions? I noticed the lawyer provided a lot of case law to support his claims, what's a good resource to find case law for cases like mine in NY State. This is site is my only help right now, as well a gut feelings and intuition. Just need some good realistic concrete pointers On this whole process. This is a learning experience for me.

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