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Help Needed on Motion for summary judgement vs Midland


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Hey guys, first off I'll say if anyone is from VA or familiar with VA case law this is for you but I'm looking for anyone who can help.

 

Anyhow back in September I had a return date where I denied everything and the plantiff was ordered a bill of particulars within 21 days and I was ordered to respond to those with my grounds of defense within 21 days after getting those. Long story short we are now over 35 days since that hearing and no BOPs on file with the court or mailed to be.

 

I consulted a local attorney and he said I def need to move for a summary judgement. I've found a good template for a motion for SJ in VA for the very reason of no BOPs. However, I'm left with a few questions...

 

First off, I know Virginia is a little different in requiring a BOP with no real discovery process etc but I was wondering has anyone ever had this happen? Did the court decide to drop the case because of a very late or totally ignored request? 

 

Does anyone have any good motions for SJ they can post so I can take a look and compare to the one I'm going to draft tomorrow.

 

Also are these motions typically heard on the same day before the actual trial or is a whole date set just to hear it?

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I would go to the library (where I spent 9 hours yesterday preparing my appeal) and look at the Virginia Rules of Court

 

You cannot check it out but it will answer all your questions and give you updated info on any amended rules.

 

Print out VA rules of evidence and VA rules of procedure.  This process takes some work but you can prevail.

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If they do not timely file the Bill of Particulars, you can ask the court to dismiss the case or the court may enter summary judgment against the Plaintiff.

 

Request that sanctions be imposed against the plaintiff for improper conduct during discovery proceedings.

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BV, I have the motion written up but what should the affidavit state? Just standard one saying I know the info to be true etc? Then have it notarized?

yep make sure you put in there somewhere it is based on your personal knowledge and belief you know the info to be true.  notarized.

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@creditrepairstan

 

An affidavit in support of a motion for summary must be based on personal knowledge, so you have to include in your affidavit that your statements are based on your personal knowledge.  With your affidavit and your motion, you have to show that there are no issues of material fact left to resolve at a trial.  Therefore, a trial isn't necessary. 

 

Just state truthful facts.  You've never heard of these people.  Did you search your home and records for past credit card statements that reflect the account number alleged in the complaint?  Did you find any?  If you searched and couldn't find any, say so. 

 

Didn't you say that you had more than one account with the OC over the years?  Well, without any evidence that this is one of those accounts and no proof that you made any charges and/or payments to the alleged account, you don't know that this is your account.  

 

Without any evidence from the JDB and having failed to locate any records at your home, you can deny that this is your account. 

 

Without any evidence from the JDB and having failed to locate any records at your home, you can deny that the amount claimed is owed by you.

 

I'd include that as of the date of the affidavit, you have not received a bill of particulars from the plaintiff.

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Thanks for the help guys, motion filed. Interesting to see how this guys from brief back and fourths with a local attorney he seems to think them missing the deadline by 3 weeks and counting will certainly result in them non suiting the case upon getting my motion.  Bad part is he said in VA they have 6 months to refile even though the SOL will have run out.

 

Funny that they couldn't even bother to get a Bill of Particulars out considering all the cases they have. You'd think its more or less just filling a few lines into a form for them and attaching a few documents.

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