Sign in to follow this  

Portfolio Recovery Motion for Summary Judgment DENIED!

Recommended Posts

 PRA's Motion for Summary Judgment Denied. The ruling was based on my opposition successfully establishing a disputed material fact ( and valid objections).  I filed a sworn declaration claiming the bank failed to provide monthly statements, specifically a final statement. The declaration nailed it.

Now where may the path lead? I wasn't really prepared for anything other than appeal process.

Is a pro se defendant better off fighting JDB in a court trial? or perhaps my chances are better if I file my own motion for summary judgment? 

What are some case killers to watch out for? Any must know info or motions to request? 

Thanks  forum u r  priceless! Sound unbiased knowledge


Share this post

Link to post
Share on other sites

Each case is unique.  Your case is an outlier, so not much to compare it to. 

My Crap1 case had some similarities.  The judge threw out their affidavit And statements, because in my state the law required personal knowledge of the account.  The affiant was a “litigation specialist “ or something; not someone who dealt with the accounts on a daily basis.  

Things were different going forwards.  The judge granted my arbitration motion. Back then, the state had a law that the judge could review the arbitration results to make sure they followed state law.  This was before the ATT Concepcion case.  In a nutshell, Crap1 bailed.  They simply walked away from the case.  

Two differences between the cases:

1. Arbitration was in effect back then, under laws very favorable for me, since the case would be reviewed by that same judge.  

2.  I had some legitimate counter claims.  Crap1 used some bottom feeder debt collectors back then who racked up tons of violations.   Several debt collectors, all terrible.   Maybe they didn’t want to explain that in arbitration or front of a very pro-consumer judge.  I can’t read their minds   

So, what will happen in your case?  I don’t know. Maybe Crap1 will suddenly lose interest in the case.  Maybe not.  The cases are similar enough it is a possibility, but different enough that you can’t extrapolate from one outlier to another outlier in a different state with a different contract years later.  

One possibility is to lay low, but prepare.  Prepare any discovery, but don’t send it in yet.  Wait and see if Crap1 is planning to pursue the case, or walk away from it.  

  • Like 1

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.

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