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Motion Summary of Judgement-Midland


Val2405
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I just received in the mail, a big packet of papers from Midland. I was served back in 2017 and I wrote a response. Well, I forgot all about it and now 2 years later, I get a “Motion of Summary Judgement”. Included is some copies of statements from Credit 1 bank, a business license, and a statement from a “legal specialist” stating that MCM has data acquired from the sellers of this account. There’s also bills of sale from the other buyer before MCM. 

It looks to be pretty thorough. Should I try to settle? If so, do I call the attorney or MCM. I don’t want a garnishment. Will they settle for a lower amount at this point? This account is about 5 months from SOL. 

Any help or opinions would be great!

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17 minutes ago, Val2405 said:

I just received in the mail, a big packet of papers from Midland. I was served back in 2017 and I wrote a response. Well, I forgot all about it and now 2 years later, I get a “Motion of Summary Judgement”. Included is some copies of statements from Credit 1 bank, a business license, and a statement from a “legal specialist” stating that MCM has data acquired from the sellers of this account. There’s also bills of sale from the other buyer before MCM. 

It looks to be pretty thorough. Should I try to settle? If so, do I call the attorney or MCM. I don’t want a garnishment. Will they settle for a lower amount at this point? This account is about 5 months from SOL. 

Any help or opinions would be great!

In which state do you reside?

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35 minutes ago, Val2405 said:

This account is about 5 months from SOL.

Only if they dismiss the case.  As long as that suit remains active the SOL is tolled (stopped) from the date they filed it.  If they dismiss then the SOL runs as though the suit was never filed and the SOL expires in 5 months.

What state is this?

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7 minutes ago, Val2405 said:

Washington state

Is the motion for summary judgment the first action taken by either party since you filed your answer?  If so, check your rules on dismissals.   Once a lawsuit has been dormant for a certain amount of time, the court usually files a notice that case is going to be dismissed for want of prosecution.

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Thank you for your response! 

I’m not trying to be a pain in the a$$, but what exactly would I Google? I tried Walla Walla County court rules for dismissal and Walla Walla County court dormant cases. Nothing much came up. 

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40 minutes ago, BV80 said:

Is the motion for summary judgment the first action taken by either party since you filed your answer?  If so, check your rules on dismissals.   Once a lawsuit has been dormant for a certain amount of time, the court usually files a notice that case is going to be dismissed for want of prosecution.

 

17 minutes ago, BV80 said:

I found this under CR34...

PRODUCING DOCUMENTS, ELECTRONICALLY STORED INFORMATION,AND THINGS OR ENTRY ONTO LAND FOR INSPECTION AND OTHER PURPOSES

 

          (A)  Time to Respond.  The responding party shall serve a written response within 30 days after the
service of the request, except that a defendant may serve a response within 40 days after service of the summons
and complaint upon that defendant. The parties may stipulate or the court may allow a shorter or longer time.

 

Does any of that pertain to a motion of summary judgment? 

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47 minutes ago, Val2405 said:

 

I found this under CR34...


PRODUCING DOCUMENTS, ELECTRONICALLY STORED INFORMATION,AND THINGS OR ENTRY ONTO LAND FOR INSPECTION AND OTHER PURPOSES

 


          (A)  Time to Respond.  The responding party shall serve a written response within 30 days after the
service of the request, except that a defendant may serve a response within 40 days after service of the summons
and complaint upon that defendant. The parties may stipulate or the court may allow a shorter or longer time.

 

Does any of that pertain to a motion of summary judgment? 

You want information about dismissal for lack of prosecution.

Rule 41(b)(1)

(1) Want of Prosecution on Motion of Party. Any civil action shall be dismissed, without prejudice, for want of prosecution whenever the plaintiff, counterclaimant, cross claimant, or third party plaintiff neglects to note the action for trial or hearing within 1 year after any issue of law or fact has been joined, unless the failure to bring the same on for trial or hearing was caused by the party who makes the motion to dismiss. Such motion to dismiss shall come on for hearing only after 10 days' notice to the adverse party. If the case is noted for trial before the hearing on the motion, the action shall not be dismissed.

That means if no action has been taken within a year of the last action, the case should be dismissed.  What and when was the last action taken (something filed, or discovery requests, etc.) before the motion for summary judgment was filed?

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24 minutes ago, BV80 said:

You want information about dismissal for lack of prosecution.

Rule 41(b)(1)

(1) Want of Prosecution on Motion of Party. Any civil action shall be dismissed, without prejudice, for want of prosecution whenever the plaintiff, counterclaimant, cross claimant, or third party plaintiff neglects to note the action for trial or hearing within 1 year after any issue of law or fact has been joined, unless the failure to bring the same on for trial or hearing was caused by the party who makes the motion to dismiss. Such motion to dismiss shall come on for hearing only after 10 days' notice to the adverse party. If the case is noted for trial before the hearing on the motion, the action shall not be dismissed.

That means if no action has been taken within a year of the last action, the case should be dismissed.  What and when was the last action taken (something filed, or discovery requests, etc.) before the motion for summary judgment was filed?

I just went back through the paperwork and found this paper. 

“Declaration in Support of Plaintiffs Motion for Summary Judgement”

On October 2, 2017, my office received a copy of the Defendants Answer wherein Defendant presents a blanket denial to the allegations set forth in the Plaintiffs Complaint. Additional proof of claim in the form of monthly billing statements are attached hereto as Exhibit E. 

According to the regularly kept and maintained business records of my office, Defendant was mailed Plaintiffs First Request for Admissions on October 23, 2017, attached hereto as Exhibit F. Though the time for doing so has expired, Defendant has not responded to said Request. 

Signed April 29, 2019

 

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3 minutes ago, Val2405 said:

I never received the Request for Admission Pursuant to CRLJ26 like that paper stated. 

Whether you received them or not, I would call the clerk of court and ask if any action was filed between the time you filed your answer and the motion for summary judgment was filed.  If she says nothing else shows up, I’ll call a consumer attorney and ask about the rule I cited.  If the rule applies, ask the attorney if you should file a motion to dismiss or if the court should have already dismissed it.

That motion for summary judgment probably needs a response from you, so it might be worth it to hire an attorney.  

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