KentWA

How to defeat a Motion for Summary Judgement (MSJ)

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Many of us have been telling members just how to do this for a while. Many follow our comments and take action, others seem to always question us. Well here is a lawyer say the very same thing we have been saying for a long time. It is an article on JdSupra written by a consumer lawyer that is clear and to the point:

Case Killer: How to Defeat a Motion for Summary Judgment | John Skiba - JDSupra

Simple summary, reply to the Motion in time and pound away on the issues of: Standing, Amount owed and specific facts in your case. It is most interesting that a lawyer is saying he has never seen a JDB be able to prove standing.

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Nice KentWA !!

Like I say all the time. We know what we're talking about, if you don't believe us, just ask us. We're not cocky and arrogant we're just right all the time, better than our opponents and don't lose. Don't make us arrogant, just better.

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In a debt for money due, if a defendant understands the basics of civil procedure and the basic philosophy behind an MSJ they should never get beat by one. Never.

Unfortunately, most pro se don't understand the rules, don't have a clue about how to respond to an MSJ, and so are underpowered and unprepared. They then lose. This isn't entirely their fault because the system isn't designed for the pro se to fight his cause in court; it's designed to meet the needs of lawyers who have spent three years of their life learning how to hoop jump in school.

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I think for a lot of the high posting count people the ARM industry has probably pissed them off so much that we keep at the research, discussion and debate on law so much we probably know more than most attorneys when it comes to consumer law.

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In a debt for money due, if a defendant understands the basics of civil procedure and the basic philosophy behind an MSJ they should never get beat by one. Never.

Unfortunately, most pro se don't understand the rules, don't have a clue about how to respond to an MSJ, and so are underpowered and unprepared. They then lose. This isn't entirely their fault because the system isn't designed for the pro se to fight his cause in court; it's designed to meet the needs of lawyers who have spent three years of their life learning how to hoop jump in school.

Excuse me?

I do not jump through hoops for no one. Have you ever passed the BAR, been to law school........then dont give those who are trying their best to help everyone out a hard time by calling us hoop jumpers.

Edited by BTO429

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If you call following the rules hoop jumping then put this in yer pipe, most law suits are won simply because the rules were followed.

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I think for a lot of the high posting count people the ARM industry has probably pissed them off so much that we keep at the research, discussion and debate on law so much we probably know more than most attorneys when it comes to consumer law.

:)% and then you couple that with the fact the other side won't take you serious because you are not an attorney or as one called me, an "internet lawyer" and it usually ends in an epic- :trainwreck: with the other side just standing in court with this look on their face :shock: when they figure out they just got their tail whipped by a pro-se litigant that would rather die than lose to the ARM industry.

Webrecon consumer litigant service says it all. You have had to really pissed some folks off where you are willing to pay thousands just to make sure you stay away from them, when you supposedly hold all the cards, such as, credit reporting, attorney's on staff and instant access to the courts.

Reminds me of a scene in the movie Double Jeopardy (not a great movie but whatever). Ashley Judd is training in the prison yard for when she gets out so she can get revenge. One of the inmates says something to the effect of "dang look at that girl" and Judd's friend in prison says "That's just pure hate motivating her"

Know that feeling my friend xxHellxx

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Talk about tough girl movies, how about the one Jennifer Lopez made? "Enough." She studied martial arts and went home and creamed her ex. Also "Gloria" with Gena Rowlands. Wouldn't want to run into this character.

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Yeah that was Krav Maga that Lopez learned. I took that stuff for a little bit. That's just straight up no mercy military type fighting. Go for the eyes (that's what she is learning when demolishing those oranges), throat, stab the other person with their own knife and kick in the balls and don't even let it cross your mind that it might be "fighting dirty" because there is no such thing as "fighting dirty"

There were several ladies in the classes, and while some of them looked good, none made me want to have my a$$ kicked by them like I felt when watching Lopez use Krav. :oops:

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If you call following the rules hoop jumping then put this in yer pipe, most law suits are won simply because the rules were followed.

That was my point.

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Yeah that was Krav Maga that Lopez learned. I took that stuff for a little bit. That's just straight up no mercy military type fighting. Go for the eyes (that's what she is learning when demolishing those oranges), throat, stab the other person with their own knife and kick in the balls and don't even let it cross your mind that it might be "fighting dirty" because there is no such thing as "fighting dirty"

There were several ladies in the classes, and while some of them looked good, none made me want to have my a$$ kicked by them like I felt when watching Lopez use Krav. :oops:

It was developed by the Israeli special forces, it is a variation of the Russian Systema MA. I have taken MA since I was six, and I teach it to select individuals, I stopped the dojo thing can't handle all the politics.

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