JDB doesn't want to settle court 12/10

[Old Lady]

1. Who is the named plaintiff in the suit?

ME

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

Gerstel Chargo

3. How much are you being sued for?

10,000

4. Who is the original creditor? (if not the Plaintiff)

Wells

5. How do you know you are being sued? (You were served, right?)

Summons, etc.

6. How were you served? (Mail, In person, Notice on door)

Left with another person at door

7. Was the service legal as required by your state?

assume so

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

none

9. What state and county do you live in?

arizona maricopa

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

2010

11. What is the SOL on the debt?

6 years now since change here in az

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

Summons, answered, and We are to have a court date 12-10

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

na

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

Never even heard of Razor capital until received summons and suit

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

two credit card statements and affidavit from wells to a jdb and then an affidavit from that jdb to razor and an affidavit from president of razor that all the documents are accurate

I just received the motion for summary judgement and am totally flustered and shaken up and not sure which way to turn. any help would be much appreciated. Thank you

[1stStep]

Did you answer? Did they send any discovery? Did you answer their discovery? Did you send any of your own?

[Old Lady]

Yes, I did answer the summons and denied everything except where I live. Yes, they did a discovery and again gave them nothing. Yes, I did discovery and basically what I got back was we dont' have to give you this and we may call an affiant.

I just today received the Motion for Summary Judgement, so does this mean it hasn't been filed yet?

I found Beergoogles opposition to summary judgement against midland and saved that to make it my own with my own info in it.

So can I file my opposition to the summary judgement? we haven't even made an initial appearance in court yet.

[1stStep]

If you didn't get anything back, you need to file a motion to compel...

Also, yes - file a motion to oppose SJ. Get it in on Monday.

[Rivertime]

Please check your state and local rules regarding Motion for Summary Judgments (MSJ) and make sure you respond within the rules and guidelines spelled out is those rules. Beergoggles has A LOT of good AZ specific info on here about beating an MSJ as well as winning a case.

You MUST respond (file an opposition) to the MSJ or your will loose. They can be a bit tricky but they are absolutely beatable, especially when you have OC to JDB#1 to JDB#2. This is a great site and there is a lot of help here for you.

Good luck,

rt

[Coltfan1972]

Whatever you do, respond with an opposition to their motion for summary judgement.

[Torden]

Whatever you do, respond with an opposition to their motion for summary judgement.

And a MTD since they clearly have nothing (point this out in MTD and OMSJ).

[Seadragon]

Don't be afraid. Fear makes us make bad settlement decisios. As for the affidavits research the affiants to see if they are who they say they are.

file opposition and then prep for battle. They are pushing to get this heard on affidavits, you want to counter the affidavits if you can.

I know you think it is good to talk settlement but make sure you have a good spear by getting stuff thrown out.

for the opposition the standing, and personal knowledge issues and all are the keys to the kingdom.

[My~Cuz~n~Vinny~]

Not sure of your State but Vinny filed affidavits in support of his MSJ, opposition to plaintiff's MSJ, and another in support of his opposition to plaintiff's affidavit. In reading case files Vinny discovered that in ones own affidavit you can't just disagree with what was stated in theirs. It must also include your declaration of no present obligation to the alleged indebtedness.Court opinion show that even if the objected to accuracy in the plaintiff's affidavit are well founded ....the defendant neglected to deny the indebtedness in their own affidavit.

Edited November 25, 2012 by My~Cuz~n~Vinny~