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rob123

I just received a motion for summary judgement?

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Portfolio's attorney and I agreed to mediation. Well, I sent an offer to the mediator and she said she would contact the attorney with the offer. So, I waited for a response and then a week later she sends me an email asking how I would like to handle the case? I told her I sent her an email with an offer, and I haven't heard back. She said she didn't receive it and for me to send it again. So I did. A few days later I get in the mail a motion for summary judgement.

They also sent me a affidavit of sale of individual account, assignment and bill of sale, electronic record statement from HSBC BANK, NV. I was reading I should file a motion that opposes either the material facts or how the law is applied in the summary judgment. Organizing the argument into an affidavit. I'm thinking about filing for bankruptcy, and saying screw it. Help?

Rob

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Well you are correct, basically. You would file an opposition and raise "material facts in dispute" The most obvious since this is a junk debt buyer is the fact they lack standing.

I would not file BK unless I actually lost.

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I would not file BK unless I actually lost.

The decision to file a BK should be based upon the total financial picture the OP is in. It shouldn't depend on the outcome of any one case.

I agree that the mere threat of a lawsuit shouldn't panic a person into filing a BK. On the other hand, if a BK is inevitable then the OP's time is better spent on doing the paperwork for a BK than pointlessly fighting a MSJ.

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I'd fight the MSJ, I think it is pretty easy to beat JDB's on these type of motions. However I do agree with the previous poster, if your total financial picture it makes sense to consider a BK, then I would focus on that instead of the MSJ.

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Be advised BK isn't something you automatically get by filing a few forms. You are asking the federal government for permission to go bankrupt, and they really do some digging / evaluating. You may be denied. You may also wind up with a 40,000 legal bill like one poster here did. That just means you'll get sued by the BK lawyer and have a new judgment against you that cannot be discharged in BK for another 7 years, if at all.

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How should we know? You won't even tell us what state you are in. I can tell you this, if you have MSJ filed against you, 99% chance you blew the opportunity to invoke arbitration. You don't strike affidavits, didn't you read the rules of procedure?

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It really is hard to answer your questions without knowing where you are located. The rules and laws sometimes differ greatly, especially with arbitration from state to state, and sometimes from court to court in the same state.

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Sorry for the delay. I live in New Mexico. Does anyone know where else to find New Mexico Rules and Procedures for Metropolitan Court? The Bernalillo County Metropolitan Court link is down.

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Fight the msj ,,,all you need to do in order to beat the msj is show the court that there are material facts that have not been resolved, ie the amount they are suing for, procedural mistakes, affidavit, there evidence is hearsay,

Can you prove you agreed to mediation? if so bring up that fact, I would bring it up anyhow and see if they can disprove it. I thin what happened is they decided they didn't actually want mediation so they filed msj to try to get out of it.

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Hi Rob. I'm from NM but not from the ABQ area so I don't know much about Metro court but I do tend to know NM law in this area. I'm not a lawyer but if you want my non-legal opinion on something, ask.

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How should we know? You won't even tell us what state you are in. I can tell you this, if you have MSJ filed against you, 99% chance you blew the opportunity to invoke arbitration.

Since we now know he is in NM I can say he is in your 1%. The test in NM is "meaningful participation". What this has boiled down to is discovery. So long as he actually hasn't done any discovery (in either direction) he'll probably get by invoking arbitration. People here have successfully invoked arb right before trial.

The judges in NM love arb because they are all so overworked. (TRUTH) Anything to get the damn case out of the system. Which is also why there is mediation, too.

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Good, then he should see Linda7 to find out what the procedure is. I believe it requires a motion to the court and some kind of correspondence with the creditor.

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Good, then he should see Linda7 to find out what the procedure is. I believe it requires a motion to the court and some kind of correspondence with the creditor.

Yes, he needs to elect arb by sending a letter to the creditor doing so AND filing a MTC with the court both of which he should do as soon as possible. While the test in NM is meaningful participation the sooner it gets done the more credible the request is going to be.

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