jujube45

Motion for Summary Judgement Unifund NC

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I'm being sued by Unifund CCR, LLC in NC.  Was served November 23, 2019.

1. Who is the named plaintiff in the suit?

Unifund CCR, LLC

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

Sessoms & Rogers, P.A.

3. How much are you being sued for?

$1.421.52

4. Who is the original creditor? (if not the Plaintiff)

Barclays Bank Delware

5. How do you know you are being sued? (You were served, right?)

Served in person

6. How were you served? (Mail, In person, Notice on door)

Mother accepted summons on my behalf; I wasn’t home

7. Was the service legal as required by your state?

Yes, served by person and received by an individual 18 years of age or older

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

I believe they sent me a letter. I tried to find it but could not.

9. What state and county do you live in?

Charlotte, NC  Mecklenburg County

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

12/08/2016

11. What is the SOL on the debt? To find out:

3 years 

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or  looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

Pending calendar call/bench trial

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

No

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

No

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

30 days in NC. I received the summons November 23, 2019. Filed for an extension requesting filing of the answer be pushed out 1 month to January 21, 2020. Filed an answer on Jan 07, 2020.  I received requests for admission and interrogatories attached to the summons.

 

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

They sent an affidavit signed by a Unifund Employee with the title of Custodian of Records, bill of sale from each sale of the debt to a different company (4 different ones), an “extract from account data” supplied by Barclays Bank which has my name and the last 4 digits of account number and nothing else , Certification of Receivables Sales, a redacted account records from the sale, and a years’ worth of credit card statements.

 

After I filed my answer in January 2020 and sent it along with my admission document/interrogatories by snail mail (not certified mail unfortunately) the same day. Shortly after that COVID and the lock down happened. I’ve heard nothing about this case until 2 days ago when I received a letter from Superior Court stating a remote trial is happening on 04/26/2021.  A day later I received a MOTION FOR SUMMARY JUDGEMENT stating that I filed an answer with the court but did not file an answer with them or respond to the Admission Request/Interrogatories. They are stating because I didn’t respond, then I am admitting there is no dispute with the information that they presented in the summons. However I DID INDEED MAIL these documents. I kept my originals and sent copies. I’m not sure how to respond at this point. Would I prepare an affidavit attesting to the fact that I did mail the copies? I also stated in my answer that the “court did not have jurisdiction over this matter” as per the credit card agreement from Baclays Bank Delaware, this matter should be handled through arbitration. Should I file a motion to request arbitration? This has thrown me for a loop!

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You should have filed your MTC immediately after filing your answer. Now that you have done discovery, you might not be able to do that.

As for the MSJ, I hope you sent your answer and responses to their discovery CMRRR green card style. If you did, then you have proof that they received your answer and discovery responses and can show that to the judge. If you did not do CMRRR Green Card style, you will have to do an affidavit of service filled out by the person who did the service and hope that the judge will believe you over them.

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