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Motion for Summary Judgment, should I?


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I've been going back and forth about if I should file a Motion for Summary Judgment. I would like to share everything I have on my end and what the Plaintiff has provided; and just want to get some feed back and opinions of what you all think. Please feel free to be completely honest.

 

I am currently in the discovery process with the Plaintiff answering my Discovery but have not asked me for anything.

 

Plaintiff has provided:

 

1. Claim Summary, generated by the Plaintiff and it allegedly shows all phone and correspondence records.

 

2. Bill of Sale and Assignment of Loans from the OC.

 

3. 1 Billing Statement (Charge Off statement)

 

4. " Important Notice of Change in Terms/ Credit Card Agreement" of which I asked for the Original Credit Card Agreement. They supplied one dated a year later.

 

5. Affidavit from an employee of the debt buyer.

 

6. Statement of Account which was generated by the debt buyer, it on their letter head.

 

Had asked for the Original Contract, Application and everything else under the sun in my Discovery and got the usual response " Plaintiff is not the original creditor and does not presently possess all the blah blah... we are currently in the process of obtaining any relevant paperwork...

 

Here is what I currently going off of:

 

1. Letters from the Attorney

 

* June 2012, dunning letter stating balance of $6,400

 

Suit filed in August 2012

 

* August 21, Letter from Legal Assistant stating balance of  $6,600, 200.00 jump from June

 

* September 2012, Letter from Legal Assistant stating balance of $6.650

 

I have Plaintiff's "Important Notice of Change in Terms/ Credit Card Agreement which is not from the day the account was opened; it's for a year later, No mention of what kind of card it's for. The only date found was the date the Bank merged with another Bank.

 

The Notary for the employee's Affidavit did not comply with the Notary rules of her state and I have a letter from the Secretary of States Office stating as such. The employee "apparently" is no longer employed with the debt buyer. I asked the Plaintiff in Admissions if it complied with the Rules of the Notaries State and they admitted it was.

 

Bill of Sale and Assignment of loans as we all know doesn't actually identify anyone.

 

The Claim Summary states a total balance owed including interest is $5,200. Notice how it's a $1,000 less than what the Attorney was trying to collect in Jun

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Summary judgment . . . on what grounds?

 

Generally speaking, you have nothing to lose by filing motion for summary judgment. If you lose, you go to trial. If you don't file at all, you go to trial. The danger arises when the other side files their own motion for summary judgment. If the judge grants it, you're done.

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