byegone

Can both parties Motion for Summary Judgment

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You don't need that until they respond. Maybe they'll have every scrap of paper, then we'll be recommending travel agencies to get you out of the country

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One tactic that may be helpful for MSJ is to start one the day you get sued. Find the proper format, and start writing it up. Every time you discover a material fact you wish to dispute, enter it into your msj. Look for case law as you go along, or ask for it here. That way when they hit you with theirs, you drop yours in the mail the same day. This will throw them off, they'll know you've been prepping way in advance. This also saves you the trouble of the "help me I got MSJ today what do I do" we see here so often. You work on one of these for three or four months and we help you do it, you're going to make a jdb look really bad.

WOW DANG THIS IS GREAT!!

A LITTLE LATE FOR ME AT THIS POINT I SHOULD HAVE DONE IT ON MY FIRST APPEARENCE. SO NOW ON MY 2ND APPEARENCE I MOTION FOR SJ IMMEDIATELY BEFORE THEY DO?

SO I'M GOING TO START WORKING ON THIS NOW!! SO MY 1ST MATERIAL FACT IN DISPUTE WOULD BE THE GENERIC BILL OF SALE NOT SHOWING ANY OF MY INFO AND ALSO THE FACT THAT IT PERTAINS TO EXHIBITS WHICH ARE EITHER a) NOT ATTACHED AND B) ARE INCLUDED BUT ARE NOT THE ACTUAL DOCUMENTS THAT THE BILL OF SALE PERTAINS TOO. SO THEY HAVE NOT PROVEN OWNERSHIP OF MY INDIVIDUAL ACCOUNT.

THAT FACT THAT THE JDB'S "SELLER xxx SHEET" , ADMITTED TO BE PRINTED BY THE JDB AND ADMITTED TO BE BASED ON RECORDS PROVIDED TO THEM BY THE OC ACTUALLY SHOWS THE SALE AMOUNT AS THE EXACT SAME FIGURE OF THE CHARGED OFF AMOUNT??

(and of course WOULD make absolutely no sense at all)

THAT FACT THAT THE PURPORTED BILL OF SALE WITH BIG BANK LOGO IS SIGNED (SCRIBBLED LETTER) BY A PERSON OF BIG BANK CLAIMING TO BE A BLANKITY BLANK BLANK BUT HOWEVER NOT SWORN OR NOTARIZED.

WHAT DO I USE ABOUT THE STATEMENTS PROVIDED? THE ARE FAXES OF THE ORIGINAL'S....

I DON'T HAVE ANY AFFIDAVITS SO ONCE I GET MY HANDS ON THESE I CAN REALLY HAMMER IT HOME.... (HOWEVER LIKE I SAID BEFORE IN MY OTHER CASE WITH A 'SUPPOSED' OC (believe me i still have my doubt as to who the real plaintiff really is) I SHREDDED THE AFFIDAVIT TO PIECES BUT STILL LOST, AND I'M NOW HIRING ATTORNEY TO APPEAL IT).

WHAT ABOUT WHAT BRUNO SAYS .... IN NY HOW DO I FILE A MOTION FOR DISCOVERY (ROGS & ADD) TO BE DEEMED ADMITTED IF NOT ANSWERED...

ALSO IF I SHOULD MSJ IN NEW YORK STATE .... DO I NEED TO FILE A MOTION WITH COURT REQUESTING THE MOTION ON THE DAY I ACTUALLY MOTION FOR IT??? OR DO I JUST MSJ AND THE JUDGE THEN GIVES ME HOW EVER MUCH TIME (I FORGET) TO SERVE THE OPPOSING PARTY WITH MY SJ PAPERS? I'M STILL BESIDE MYSELF WITH THE PROCEDURAL ISSUES... I WOULDN'T WANT TO SCREW IT UP BECAUSE THIS PRO SE DIDN'T KNOW HE HAD TO FILE THIS AFFIDAVIT OR MOTION FOR THIS OR THAT.

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THEY RESPONDED TO MY 1ST REQUEST FOR DOCS... BUT THEY INCLUDED NOTHING THAT PROVES THEIR CASE.

IF I HOLD OFF TO LONG ON ROGS & ADD I RUN THE RISK OF NOT BEING ABLE TO SEND THESE REQUESTS ONCE THEY MSJ.

SO BASED ON THE FEW DOCS THAT THEY DID SEND ME ALONG WITH A LETTER STATING THEY ARE GETTING OTHER DOCS READY AND WILL HAVE THEM TO ME IN 60 DAYS 60 DAYS????????? WTF THIS IS WHEN WE RETURN TO COURT AND THEY WILL MSJ. I NEED TO ADDRESS THE 60 DAYS ISSUE.... IT'S SUPPOSE TO BE 20 DAYS AFTER RECEIPT OF SERVICE OF REQUEST. WHO'S GIVING THEM 60 DAYS? BECAUSE THEY SAY SO? THEY ALSO INFORM THEY RESERVE OUR RIGHT TO OBJECT IN WHOLE OR IN PART TO REQUESTS. THEY ALSO INFORM ME THAT THE DOC INCLUDED EVIDENCED THEY ARE CURRENT OWNER OF MY ACCOUNT!! BULL CRAP IT EVIDENCES ABSOLUTELY NOTHING.

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If you're going to request documents, I would suggest holding off on anything else until you see what they have. For every item they fail to produce, send an admissions request. They'll either have to admit they don't have the document, or say they do when they failed to produce it. Nver mind "we can get it" or "we're trying to get it" that is a crap answer. All that constitutes is an admission that they filed suit wiothout the proper documentation to prove their case, which would be my first admsissions request. Let them try to wiggle out of that one.

Hold off for how long?

LIKE THIS EXAMPLE:

Admit plaintiff filed suit without proper documentation to prove their case.

Admit neither Plaintiff nor its attorney(s) possess an affidavit, certificate or other document executed by or on behalf of the Original Creditor which purports to authenticate the genuineness of any documents related to the Account.

Admit Plaintiff is unable to provide original documents, true copies, or authenticated records of application for credit the alleged Original Creditor relied on, or a copy of any promissory note, or other document indicating Defendant agreed to be bound by any credit agreement.

the purchase & sale agreement

the forward flow document

the assignment

the original cc agreemnt they claim i breeched

the signed application that defendent agrees to the terms of the agreement

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Along theses lines, I defeated Midland's MSJ exactly one month ago. I haven't heard or received anything. Everyone says Midland will dismiss, but when and how?

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NEED TO KNOW IF I SHOULD INCLUDE THESE IN MY 2ND SET OF REQUEST FOR DOCS TO MIDLAND NOW ......OR SHOULD I WAIT?

BUT NOT SURE WHY I SHOULD WAIT FOR MSJ .... EITHER THEY HAVE EM OR THEY DON'T. IN MY OPINION IF THEY FILED SUIT THEY SHOULD HAVE EM.

I REALLY NEED TO SEE THE AFFIDAVITS SO I CAN PREPARE MORE ROGS AND ADMISSIONS BASED ON THE AFFIANTS. SOME MAY SAY NOOOOO DONT ASK FOR THEM, DON'T MAKE THEM PROVE THEIR CASE AGAINST YOU.... BUT HONESTLY I THINK THEY WOULD HAVE TO KNOW THEY NEED THE AFFI'S TO WIN THEIR CASE ... SO WHY SHOULDN'T I CUT RIGHT TO THE CHASE? I WANT TO SEE THEIR CARDS. ANY THOUGHTS?

All affidavits executed by any employee, agent, or any representative of Plaintiff claiming to have any personal knowledge of the alleged debt.

Any affidavits executed by the Original Creditor, CHASE BANK USA N.A.. that Plaintiff intends to submit as testimony in this lawsuit.

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TANGLE - HAVE YOU CALLED THE COURT CLERK OR CHECK ONLINE TO SEE THE STATUS OF YOUR CASE?

WHEN YOU SAY YOU DEFEATED THEM DID YOU SUBMIT AN OPPOSITION TO THEIR MSJ?

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Admit you do not have in your possession or in your immediate custody and/or control (whatever you want right here).

Then rinse and repeat for every document one document at a time.

After that hit them for a document request for each thing they denied not having in their possession or immediate custody and control.

If they don't produce, file a motion to preclude and show where they admitted they had such document by denying they did not have such document, but now won't turn over the said document they swore they had.

I paint them in a corner with admissions on the front end by locking them into a position. If you go document requests first, they can always say well we are going to get them and then give them to you.

If you make them admit or deny there is no way for them to wiggle out by saying we're working on it. You force them to commit one way or another.

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COLTFAN1972 awesome examples my friend8-)...nothing to dispute by either party except how the application of the law should be ruled on.

MSJ would be a very appropriate measure to the complaint petitioned to the court .

Where as if there were disputes{ which are many many many in a credit card alleged default case } the dispute must be well argued before and MSJ is really applicable.

In all fairness the court must view in favor of the defendant should discovery produce more questions...than answers. Thus...MSJ is inappropriate at that juncture. Another words there are issues of triable fact to be decided as being ...... " FACT " or fiction.

VINNY sees what ya mean there. So an opposing MSJ should be well planned as the suit starts.It can in provide evidence that neither side agrees and thus the MSJ is $$$inappropriate$$$.

Definitely over hyped aye?

I SEE !!.......SAID THE BLIND MAN TO HIS DEAF SON AS HE PICKED UP THE HAMMER AND SAW...!

PLEASE NOTE :

( THE 3 DOLLAR SIGNS,$$$ ,MENTIONED IN THE ABOVE ,SHALL HENCEFORTH BE REFERENCED AS ...THE AMOUNT OF MONEY JDB AND/OR DEBTCOLLECTOR/ATTORNEY SPENT TO GET THEIR msj DENIED.

Edited by My~Cuz~n~Vinny~

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rinse and repeat for every document one document at a time:ROFLMAO2: perfect!8-)

Vinny had the same thing in mind when asking rogs~n~docs and asked for admit based on the rogs~n~docs 3 months later before they claim/reclaimed their MSJ.

Knowing a little more now Vinny would love to use Admit requests before asking for evidence they admitted or denied having or objected as irrelevant..

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Admit you do not have in your possession or in your immediate custody and/or control

As long as it's something relevant and absolutely necessary, this can work.

The problem with these cases is that you'll get answers that will either be objections or "admitted to the extent that the particular document requested is immaterial to proving plaintiff's case. We don't have it because we don't need it."

The signed agreement / application request is usually answered "Admitted to the extent that the document requested is irrelevant to the instant action, as agreements are not required to be produced under account stated. Use of the account constitutes an implied contract between the parties."

Or "Signed applications are not required to be kept for more than two years under Regulation Z." Or "a complete accounting of the account from zero is burdensome, harrassing, and not rquired under account stated, which requires only the final statement setting forth the balance sought."

This is the crap they'll give you. It's like saying "sure, we admit we don't have the application, we also don't have a copy of the Declaration of Independence. We don't need either one to make out a case against you, so keep asking us to admit we don't have these irrelevant documents."

They do the same thing when you just ask for the documents. There is absolutely no foolproof way to write a request that a good lawyer or pro se can't wiggle out of somehow.

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Yes, Byegone I check online everyday. I sent you my Opposition back in September:)

Yes, why of course you did. You have to excuse me, I'm dealing with two suits at one time and my head is spinning. :roll::roll:

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Bruno ..The signed agreement / application request is usually answered "Admitted to the extent that the document requested is irrelevant to the instant action, as agreements are not required to be produced under account stated. Use of the account constitutes an implied contract between the parties."

Oh yeah they do wiggle and scratch and claw.

Admit that Citeebonk provides no southdakota law provision pertaining to the exportation of any agreement contract in this instant action.

Response

Plaintiff objects on the grounds that it is overly broad ,vague , and ambiguous and it seeks information which is not relevant to this case. Without waiving theses objections Plaintiff states that is unable to admit or deny this request since it is unintelligible.:?::?::?:

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Thanks Bruno, Coltfan and My~Cousin~Vinny

:wink::wink:

Ok - here's what I'm gonna do- I will work on these Admissions today and then post them here later tonight for critique and feedback.

BTW - I'm being sued by JDB - two causes of action , ACCOUNT STATED and BREACH OF CONTRACT.

Also I want to send Rogs & Add directed to the affiant - but it's my understanding that I cannot do this. Perhaps I can word them a little differently to address them to affiant by way of the Plaintiff (JDB)???:idea::idea:

and Colt - I do apologize for PM'ing you late last night, i was exhausted ....yes u r correct ... sorry, i will post that question to the board ... :oops::oops:

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If you wrote it like that, they are correct. Some of your wording needs to be simplified, you're giving them a guaranteed way out. For instance:

Admit that Citeebonk provides no southdakota law provision pertaining to the exportation of any agreement contract in this instant action.

Nobody will answer this. Should be like this series:

Admit that Citibank specifies a South Dakota choice of law provision in their cardholder agreement.

Admit that Citibank, in the cardholder agreement, does not explain or identify any of the South Dakota statutes which apply to the account.

Admit that Citibank additionally specifies that federal law also applies to the account.

Admit that Citibank is bound by 12 USC 85, the National Bank Act.

Admit that 12 USC 85 makes no provision allowing Citibank to apply to the account any South Dakota statute other than interest rate law.

See? One step at a time, very short and sweet. Even a lethal injection has three parts. Sedative, paralytic, potassium cyanide. They will still try to weasel, but it won't be as easy and then you can hit them again.

Think like them.......hit yourself in the head with a cinder block and don't shower for a week, you'll be the ultimate JDB lawyer.

Hey......wouldn't that be a great wrestling character? The entry music could be ABBA, "Money, Money, Money." the wrestler could come out in a suit with a briefcase, like Mike Rotundo (IRS) used to do. Then when he takes off the suit, he has a Superman costume with "JDB" on it. Of course he has to face a wrestler named Coltfan, who uses the Colt firearms logo on his trunks, and the JDB always loses. He has a female manager named "Miss Midland" who tries to distract Coltfan by displaying her charms, but he resists and beats JDB. He then turns to her and says "you can't be first, but you can be next." The submission move Coltfan would use would be called "Summary Judgment."

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He has a female manager named "Miss Midland" who tries to distract Coltfan by displaying her charms, but he resists and beats JDB. He then turns to her and says "you can't be first, but you can be next." The submission move Coltfan would use would be called "Summary Judgment.":roflmao:

Edited by racecar

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No, no, no. It would go like this. Jerry Lawler voice-

He's got him, he's got him. He's going for the summary judgement, look out here comes the summary judgement. He's got him pinned with the summary judgement. ONE, TWO, oh no he just pulled JDB up when he could have easily had the three count. Oh no he's not finished, he's not going to win this thing right now he's going to punish his opponent some more before he beats him. This is getting ready to get really ugly folks, hide the women and children and watch with caution because it appears JDB is going to be made an example of so other wrestlers will not want to mess with this guy. Oh he's sending a message. He's just having fun with JDB now. He could end this thing anytime he wants.

Wait, wait, it's a judge in a black robe running to the ring. Wait, he's pulling Colt off JDB, declaring Colt the winner and ordering Colt out of the ring with his gavel. Oh my folks, it's a good thing Judge came running to the rescue or we might have never seen JDB wrestler ever again. I'm not sure Colt would have stopped until JDB was grasphing for his last breathe, and then I think Colt would have still gone for the summary judgement just to add more insult to injury. JDB better be glad judge decided to end this thing when he did.

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I always envisioned somebody coming out as "Crush Slambaugh" in immitation of Rush Limbaugh, some 400 pound slob, who climbs to the top rope, yells "Talent on loan from God!" then squashes his opponent with a move called "The Reagan Landslide."

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OH GEEESSSHHHHH

YOU GUYS ARE TOTALLY HYSTERICAL, YOUR KILLING ME!!!

JUST HAD THE VISION PLAY OUT IN MY HEAD!!!:ROFLMAO2:

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My good friend William Dee Calhoun was born in McKinney, Texas in 1934. (Bruno was born in 1935.) Haystacks was later raised in Arkansas. He died in 1989 from complications arising from diabetes. He is buried in Scott Cemetery in Collin County,Texas. One of the nicest men you'd ever want to know. At 600 pounds, he was a force to be reckoned with. Not to brag, but Bruno was the only wrestler ever to pick Haystacks up and body slam him. Although he is gone, he remains my good friend to this day.

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Upon further thought, I would have JDB win the first match. (we have to make money) Miss Midland would reach inside the ring and hold Coltfan's feet while JDB got the pin. The fans would go crazy, but the decision would stand. Then there would be a rematch, and Coltfan would pretend to be beaten for fifteen minutes. Then out of nowhere, he would deliver a brutal kick to JDB's leg. He would then yell "NOW we go to school," and would attack the leg. He would finish with the Summary Judgmnent, also referred to as the figure four leglock, or Coltlock, (this is no joke, believe me, I put this on my ex wife, I should have held it until she agreed to no alimony)

After the decision, Coltfan would take the mike and warn all the debt collectors in the audience that they are next. "You, Fat boy! What do you have to say? My robe cost more than your house. My slacks cost more than your car. I threw away better women than you married."

Then some cheap lawyer would stand up waving papers and yell at Coltfan threatening him with a PRA lawsuit. Coltfan would laugh and point, yelling "I had your sister last night! And she wasn't half as good as your wife, and neither one of them is half as good as I am in court! If you don't like it, too bad for you, let's go, get in the ring or the court room and let's see what you have." WHOOOOOO! Then we would fade out and advertise a steel cage match to resolve all problems.

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