CSHEDD

TEMPLATE FOR ANSWERING AZ MOTION SUMMARY JUDGEMENT

Recommended Posts

I HAVE BEEN SERVED WITH A MOTION FOR SUMMARY JUDGMENT IN AZ. EACH TIME I WAS SERVED THE SERVER JUST LEFT THE DOCUMENTS ON THE PORCH RATHER THAN SERVING ME IN PERSON. IN ANSWERING MY SUMMARY I WONDER IF THERE IS A TEMPLATE WITH RELEVANT CASE LAW OR CIVIL LAW THAT WOULD FIT MY CASE.

I AM BEING SUED BY BANK OF AMERICA N.A. THROUGH GURSTEL LAW. THEY PROVIDED THE MONTHLY STATEMENTS HOWVER THE ORIGINAL CONTRACT AND THE AMOUNT OF THE DEBT IS IN QUESTION. ALSO WHEN I HAVE ATTEMPTED TO SPEAK WITH SOMEONE THERE WAS ALWAYS A "BAD CONNECTION' AND THE CALL WAS DROPPED ON THEIR END. MY EX WIFE IS ON THE ACCOUNT AS JANE DOE SPOUSE. ANY HELP OUT THERE AS FAR AS A TEMPLATE I MIGHT TWEAK AND FILE?

Link to post
Share on other sites
1 hour ago, CSHEDD said:

THEY PROVIDED THE MONTHLY STATEMENTS HOWVER THE ORIGINAL CONTRACT AND THE AMOUNT OF THE DEBT IS IN QUESTION.

First: turn off the caps lock.

If this is a suit regarding credit card debt then you are wasting your time arguing about the contract.  The courts know there is no signed contract in a credit card case and won't require one for them to prevail.

If you are disputing the amount owed the burden of proof is on you the amount they are claiming is wrong.

1 hour ago, CSHEDD said:

ALSO WHEN I HAVE ATTEMPTED TO SPEAK WITH SOMEONE THERE WAS ALWAYS A "BAD CONNECTION' AND THE CALL WAS DROPPED ON THEIR END.

Completely irrelevant.  

1 hour ago, CSHEDD said:

IN ANSWERING MY SUMMARY I WONDER IF THERE IS A TEMPLATE WITH RELEVANT CASE LAW OR CIVIL LAW THAT WOULD FIT MY CASE.

You are being sued by an original creditor. The only defenses to a suit like that are they waited too long (SOL) to sue or identity theft.  Absent either of those they most likely will prevail on the MSJ.

Link to post
Share on other sites

Hang on a second.  Were you served with a complaint?  They don't start the lawsuit with "summary judgment".  If you are truly facing summary judgment, you had to have been first been served with a summons and complaint.  Then you had to have filed an answer. And THEN they would file a motion for Summary Judgment.  Have those things happened yet?

Bottom line is, as clydesmom pointed out, you are being sued by the original creditor.  They will be able to produce everything they need to win this lawsuit, so the best advice we can give you is to try to settle with them.  If they get a judgment against you, it will be for the full amount of the debt, plus attorneys' fees, court costs and interest accruing at 10%/year until the judgment is satisfied.  And once they have a judgment, they can levy your bank accounts to take everything over $200, and can also garnish your wages.  They could attach liens to any of your property (houses, cars, etc), but most judgment creditors don't bother with liens unless it's a very large debt.

Link to post
Share on other sites

I appreciate your time in answering. Thank you. Yes, I was served with a complaint and did mediation with the court and the Plaintiff's attorney. They didn't want to even talk of a settlement at that time. I opened the card over 3 years ago and had wonderful credit and no history of missed payments with anyone. I was married then and my ex wife is listed on the case as "Jane Doe spouse." Just over two years ago I became unemployed and suffer severe depression. I have not worked since. My wife left and we are divorced now.  I don't have much for them to take. I had a family member offer to give me 35% of the debt owed to settle. I offered them this but they refused. Once again, thank you all for your time and kindness in responding.

Link to post
Share on other sites
5 hours ago, CSHEDD said:

I was married then and my ex wife is listed on the case as "Jane Doe spouse."

Arizona is a community property state.  This is how they name a spouse in a suit so that if one exists they can double their chances of collecting.

Link to post
Share on other sites

The fact that they named a "Jane Doe" can't be used as a defense. They are simply following proper rules of pleading. It ensures that both you and your ex wife are equally liable for any judgment they manage to get. In fact, if you and your ex wife had still been married, and they did not name her as a party to the lawsuit, Arizona's community property laws make it nearly impossible for them to be able to collect from you alone.

Link to post
Share on other sites
2 hours ago, CSHEDD said:

However; I am stating facts like this not because I am confused as to the mind of the plaintiff but; rather, because I am searching for potential strategy for a defense.

As I said above there are only TWO defenses to a lawsuit by the original creditor:  statute of limitations or identity theft.   Absent either of those there is no magical defense that can be used to win the suit.  

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.