Recommended Posts

Introduction:

Sued by JH Debt Portfolio Equities, LLC (JDB2), debt purchased from Oliphant Financial, LLC (JDB1) whom purchased from OC (Capital One)

Account and Debt are unknown to me (Pro Se Defendant)

Responded to Petition with General Denial and Special Exceptions, requested Disclosures from Plaintiff (required multiple additional requests to comply to get documents)

Responded to Plaintiff's Request for Admission with Denials.

Current Delimma: 

Plaintiff (JDB2) filed Motion for Summary Judgment. In the motion the Plaintiff specifically refers to Bussiness Record Affidavit and an Affidavit for Attorney Fees.  The motion fails to enumerate the facts at issues and which pages of attached evidence address the facts, it does have documents attached as evidence, all of which fail to show a direct link between the Plaintiff and account. (Attached)

How do I specify issues of fact and objections if the motion is stated in a general manner? Strategically, if I go through all of the pleadings and motion and identify related evidence + weaknesses I do myself a disservice. I would be stating the grounds for their case, giving them all the info they need to strengthen their case, and it providing them with information regarding my strategy, knowledge base, and abilities.

Can someone please help me with how best to address this issue? I know that I can request revisions by specifying things that are vague or ambiguous, but that my request is too general it will be denied, and am again unsure because their entire motion is too vague and ambiguous. I welcome your related experiences and advice. Thank you in advance.

 

 

 

 

 

 

 

 

JDB-MSJ.pdf

Edited by Awes0meD
added MSJ attachment and removed MSJ verbatim text from post

Share this post


Link to post
Share on other sites
15 minutes ago, Awes0meD said:

How do I specify issues of fact and objections if the motion is stated in a general manner?

You have to file a Motion opposing SJ.

15 minutes ago, Awes0meD said:

"Plaintiff's cause of action arises from an agreement between the parties.

Start here:  you have NEVER had an agreement with the Plaintiff nor his predecessors.

 

Share this post


Link to post
Share on other sites
22 minutes ago, Clydesmom said:

You have to file a Motion opposing SJ.

Start here:  you have NEVER had an agreement with the Plaintiff nor his predecessors.

 

Thank you, I will start there, at least it is a starting point!

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this