phlix

Plantiff's Motion For Summary Judgement

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I have been fighting Portfolio Recovery Association. I was waiting for our court date but I just found that they filed a motion to dismiss my counterclaim as well as motion summary judgement to try to have this found in their favor before we even get to see a judge. My defense is that this isn't my account and they have failed to provide me a signed or any contract that I have signed. I am basically saying they have Lack of Standing to sue. I also do not believe that this is actually my debit. I am not sure how to respond to something like this. Please help.

 

 

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3 hours ago, phlix said:
  • I have been fighting Portfolio Recovery Association. I was waiting for our court date but I just found that they filed a motion to dismiss my counterclaim as well as motion summary judgement to try to have this found in their favor before we even get to see a judge. My defense is that this isn't my account and they have failed to provide me a signed or any contract that I have signed. I am basically saying they have Lack of Standing to sue. I also do not believe that this is actually my debit. I am not sure how to respond to something like this. Please help.

First off, edit your post NOW.  Remove the file, and put in a redacted version of the file.  You just gave out all your personal information.  Don't do that.  

2. Not having a signed contract means nothing.  Nobody signs a contract anymore for credit cards.  

3. Did you put in as an affirmative defense that this is not your card?  That is one of the few legit defenses you can have.  If this really is identity theft, contact your local police department ASAP.  File a police report for identity theft.  Send copies of the police report, along with a notarized statement that this is not your debt, to the court and to the attorney, along with an objection to their MSJ and a Motion To Dimiss.  Be warned that it is a criminal offense to lie about that.  

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