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Need help for court hearing NC.


johnny72
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1. Who is the named plaintiff in the suit?

FIA Card Services

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

Sessoms and Rogers

3. How much are you being sued for?

6,000

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

Same

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

Served

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

In person

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

Yes

Process Service Requirements by State - Summons Complaint

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

Debt Validation letter from Plantiff before suit

9. What state and county do you live in?

NC Surry County

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

Sept 2009 but suit was filed in September 2011t

11. What is the SOL on the debt? To find out:

3 years

Statute of Limitations on Debts

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).

Suit filed in neighboring county 9/2011, I responded didn’t hear anything until 7/2012 wanting me to sign to have the case moved. I didn’t sign and it took them til march 2013 to get it moved to another county. Then came the Discovery with Interrogatories which I answered. They then moved the court for Summary Judgment with copies of statements plus my answers from interrogatories in 5/2013. I then get a summons for court in 9/2013 for civil court for Summary Judgment. I go the Judge denies the judgment. In 8/2014 I get a letter from the plantiff stating that the answers I had provided in interrogatories were insufficient. I then get a motion to compel hearing for 9/2014. The next week I get a withdraw to motion to compel. Now I get a hearing notice for court for 10/2014 for a non jury trial.

A lot of information. Evidence is the statements and affidavits attached. My question is what kind of defense do I use this time? It seems like barring them bringing the people who signed the affidavits then the case is the same as it was when it was turned down for Summary Judgment. Is there any statute I could use to get the case dismissed since it is over 1,000 days since it was first filed? Any help is much appreciated.

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Sorry I didn't anticipate the paste option to do this. I will paste below with the questions in bold.

1. Who is the named plaintiff in the suit?

FIA Card Services

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

Sessoms and Rogers

3. How much are you being sued for?

6,000

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

Same

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

Served

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

In person

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

Yes

Process Service Requirements by State - Summons Complaint

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

Debt Validation letter from Plantiff before suit

9. What state and county do you live in?

NC Surry County

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

Sept 2009 but suit was filed in September 2011t

11. What is the SOL on the debt? To find out:

3 years

Statute of Limitations on Debts

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).

Suit filed in neighboring county 9/2011, I responded didn’t hear anything until 7/2012 wanting me to sign to have the case moved. I didn’t sign and it took them til march 2013 to get it moved to another county. Then came the Discovery with Interrogatories which I answered. They then moved the court for Summary Judgment with copies of statements plus my answers from interrogatories in 5/2013. I then get a summons for court in 9/2013 for civil court for Summary Judgment. I go the Judge denies the judgment. In 8/2014 I get a letter from the plantiff stating that the answers I had provided in interrogatories were insufficient. I then get a motion to compel hearing for 9/2014. The next week I get a withdraw to motion to compel. Now I get a hearing notice for court for 10/2014 for a non jury trial.

A lot of information. Evidence is the statements and affidavits attached. My question is what kind of defense do I use this time? It seems like barring them bringing the people who signed the affidavits then the case is the same as it was when it was turned down for Summary Judgment. Is there any statute I could use to get the case dismissed since it is over 1,000 days since it was first filed? Any help is much appreciated.

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1. Who is the named plaintiff in the suit?

FIA Card Services

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

Sessoms and Rogers

3. How much are you being sued for?

6,000

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

Same

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

Served

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

In person

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

Yes

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

Debt Validation letter from Plantiff before suit

9. What state and county do you live in?

NC Surry County

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

Sept 2009 but suit was filed in September 2011t

11. What is the SOL on the debt? To find out:

3 years

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).

Suit filed in neighboring county 9/2011, I responded didn’t hear anything until 7/2012 wanting me to sign to have the case moved. I didn’t sign and it took them til march 2013 to get it moved to another county. Then came the Discovery with Interrogatories which I answered. They then moved the court for Summary Judgment with copies of statements plus my answers from interrogatories in 5/2013. I then get a summons for court in 9/2013 for civil court for Summary Judgment. I go the Judge denies the judgment. In 8/2014 I get a letter from the plantiff stating that the answers I had provided in interrogatories were insufficient. I then get a motion to compel hearing for 9/2014. The next week I get a withdraw to motion to compel. Now I get a hearing notice for court for 10/2014 for a non jury trial.

A lot of information. Evidence is the statements and affidavits attached. My question is what kind of defense do I use this time? It seems like barring them bringing the people who signed the affidavits then the case is the same as it was when it was turned down for Summary Judgment. Is there any statute I could use to get the case dismissed since it is over 1,000 days since it was first filed? Any help is much appreciated

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Ok the court date for last year was September 23, 2013.  I received the order dated that day saying continuance.  I think there was a calendared date of Oct 7 but when I called the court they said if I didn't hear from the plaintiff I would not need to show up.  I didn't hear from the Plaintiff and I received a copy of the denial of Summary Judgment on October 22 2013.  It stated Summary Judgment was denied as provided NC Gen Stat 1A-1, Rule 56.  it was signed by the Judge on Oct 7 2013.  Is this helpful, or does it do anything for my case?

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@johnny72

 

I was hoping that the judge would have said that the plaintiff didn't prove the balance or some other concrete reason in order to give us something to go on.   It's possible that the plaintiff didn't show up.  I'd call the clerk of court to see if he/she could give you an idea of the reason for the denial.

 

You're being sued by the original creditor.  It's not impossible to defeat an OC, but it's more difficult depending upon their evidence. 

 

Is there anything about the evidence that you can dispute?   You're being sued by FIA.  Do the credit card statements show FIA or do they show another entity?  What about the cardmember agreement?  Does it reference FIA or another entity?

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I showed up on the September 23 date and argued my case with  the judge and plaintiffs lawyer.  She denied Summary Judgment then due to there being geniune issues as the debt being mine. I will proceed and let all the people on the board know how it turns out.  They did state that the hearing should take 2 hours in which I think they are gonna try and lawyer me to death and try to get me to trip up. I don't think President Clinton was in court for 2 hours for the Lewinski saga.   My plan is to state they are bringing up nothing new from the past hearing.  I don't know if a motion to dismiss would work as to what grounds I could do it?  Anyway Carpe Diem, May the Force be With Me, and Everyone thought the Stork was brain dead.

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As BV80 said, winning against an OC is difficult, but it has been done.  Here is a 2012 NC case that FIA won at summary judgment, but was reversed by an appellate court.

 

http://scholar.google.com/scholar_case?case=3626180429188355597&q=Rule+56+credit+card&hl=en&as_sdt=4,34&as_ylo=2010

 

 You must have been doing something right for the court to deny SJ per R. 56.  You proved to the court's satisfaction that there were indeed genuine issues of material dispute.  I think you can prevail at trial as well. Look under @ArtVandelay name.  He wrote up a list of questions to examine a witness with.

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  • 3 weeks later...

Unless you are me.  1st trial 2 hrs 2nd 31/2.  Remember deny ,object , and I dont recall.

  Whats important is look at the complaint . Pick it apart.  When you object why are you objecting and is there case law.

 

What are the things in the MSJ that were not good enough for the judge to rule in their favor???  Will they bring a witness???

 

Have you prepared a trial brief??  If so , make a copy for the atty and judge and yourself. And after the Plaintiff testifies, ask the judge for a short recess aka bathroom break, so you can compose yourself and review in your mind what happened and what you want to do.

 

And I wish you the best of luck!!

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Thanks for encouragement.  I feel a little overwhelmed but I feel like my best strategy is to attack the statements they are basing their case on.  They are actually missing one statement and one has three cash advance checks and no more after that.  They have not provided any cancelled checks or any signatures which is gonna be what i go after.  They don't have the cancelled cash advance checks or any cancelled checks for payment.  They have 22 statements but only 9 have charges on them.  It may be a longshot but that is what i am focusing on.  I feel like they are just gonna try to repeat the admissions and interrogatories to trip me up because this and the statements is all they have.  If they bring anything else up tomorrow that I haven't seen before I can object per say not shown in discovery right?  Is there a blanket rule or anything I can do not to answer their questions?  Or just be ready to object and deny like Arizona guy says?  Thanks for all the help you guys have given over the years.  They could bring one of the affidavit signers with them but I think that is a longshot, only one is still employed and it would be a 2 hour drive, but one never knows.

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Well, per NC law, the statements must verified, itemized statements.

 

In any actions instituted in any court of this State upon an account for goods sold and delivered, for rents, for services rendered, or labor performed, or upon any oral contract for money loaned, a verified itemized statement of such account shall be received in evidence, and shall be deemed prima facie evidence of its correctness.

N.C. Gen. Stat. § 8-45 (2011).

 

 

AND

 

 

The account must be sworn to by some person who would be a competent witness to testify to the correctness of the account." Service Co. v. Curry, 29 N.C. App. 166, 167, 223 S.E.2d 565, 567 (1976).

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Read what debt zapper gave you.  They will for sure grill you on the stand about the statements.  They said because I shopped at the grocerey  store this debt should be mine. They asked me about every charge and every payment, on every statement .  Went on an hour.

 

This comes down to simply this.  You could tell a judge this is your account  Right???   But do they have the proof((witness) to testify it is your account???????

 

Focus on this   The witness has to verify that they know this was your account?? How will they do that???  Did they have access to pertinent files. Do they have your signature  on anything?? Were they even working there when you had this alleged account??

 

Focus on discrediting them. And that is if they even bring a witness!!!!

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Ambushed by new evidence a witness from out of state.  I objected but the Judge allowed it all.  I admit I thought they could only use the evidence they had sent me before and didn't think they could bring up new evidence.  It was horrible, they had the witness read every statement in court that was a community courtroom by the way.   The Judge dismissed my objections in that the defendant would had proper time to get the Plantiff to compel their discovery.  i botched it pretty, and I was pretty much through before it begin.  The Judge gave them what they wanted.  Anyway is their anywhere i can find out some help on what the exemptions are in a judgement in NC.  And what I need to do to go about getting this done.  Thanks again, I felt like the Broncos in the Super Bowl last year.  Ready to go with all the build up, but sent home  getting demolished.

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Sorry you lost.  Although it has sometimes been done, it is hard to win against an OC.  There is no wage garnishment in NC.

 

Garnishment under North Carolina Law.  With few exceptions, such as delinquency in child support, there is no North Carolina statute which allows for garnishment of wages. Once an execution has been issued by the clerk of superior court pursuant to N.C. Gen. Stat. § 1-303, a bank or other person indebted to the judgment debtor may, but is not required to, pay to the sheriff amounts owed to the judgment debtor. N.C. Gen. Stat. § 1-359.

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