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LVNV files Motion for court NOT to Conduct Hearing


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Could use a bit of help on understanding a Motion for Court Not to Conduct Hearing. I know LVNV is trying to get money without playing by the rules and hoping consumers will not fight back, so any input would be appreciated.

 

Here are the basic facts.

 

9/19/2007            GE Money Bank filed suit stating defendant owed $8732.22 on a credit card debt.

 

10/12/ 2007     Defendant filed an answer with the court on stating she did NOT sign a loan agreement or credit card application   offered by GE Money Bank and requested plaintiff to show documented proof of such an agreement.

 

3/27/2008            GE Money Bank filed Motion for Dismissal.

3/27/2008             Case was Dismissed without Prejudice

 

7/08/2011            LVNV filed suit for $8,878.22 as assignee of GE Capital

 

7/8/2011          Resurgent Capital Services, LP employee by the name of Matt Sowell, signed affidavit of debt for $8,878.22 plus interest as a rate of 8% from 7/31/2007. Also claiming last payment was received on 12/28/2006.

 

8/17/2011        Defendant filed Pre SE notice of Appearance and Answer to Complaint, stating documentation has already been submitted to GE and the court denying signing a loan agreement and that requests to GE showing documented proof  have never been responded to. Furthermore, defendant requested that LVNV show proof they have right to file this suit and explain why the amounts are not the same as previous suit.

 

10/2/2013        Attorneys for LVNV sent Defendant First Set of Interrogatories and First Request for Admissions, requesting a response within 30 days.

 

10/21/13          Attorneys for LVNV wrote Motion for Summary Judgment, Motion to Publish and Motion for Court not to Conduct Hearing.

 

10/23/13          Attorneys for LVNV mailed packet to defendant containing Motion for Summary Judgment, Motion to Publish and Motion for Court not to Conduct Hearing.

 

 

10/23/13          Defendant FILED copies of her Response to Plaintiffs First Set of Interrogatories and First Request for Admissions with the court. Copies were also mailed to attorneys for plaintiff.

 

10/25/2013      Defendant received copies of Motion for Summary Judgment, Motion to Publish and Motion for Court not to Conduct Hearing.

 

Basically all the motion states is:

Comes now plaintiff, by counsel, and gives notice to this court, pursuant to Trial Rule 56 ©, as
amended effective January 01, 2006, that no hearing on plaintiffs Motion for Summary Judgment is
requested at this time.
Respectfully submitted,
Wright & Lerch

 

Are they asking the court to simply grant the summary judgement, without a hearing or response from the defendant?

 

Thanks for any help in understandting this.

 

 

 

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The discovery requests probably violate the FDCPA. Find a NACA attorney in your area who handles FDCPA and let him/her review the file. Don't waste any time. They're playing games with the summary judgment motion; they'll probably set a hearing without sending you notice (claiming they did) and try to get the motion granted without you ever knowing about it.

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Do what @nascar said ASAP! Make sure and find an attorney with FDCPA experience. 

 

Take every court document and all letters they have sent you, including the envelopes. Also take any messages they have left on your answering machine/voice mail. You can transfer them onto a smart phone or go buy a digital voice recorder. The attorney will tell you real quick if you have a case. Even if you think you have only one violation the attorney might find others.

 

Good Luck!

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