Summary Judgement Hearing tomorrow- Seeking advice on possible objections

[WAState Defendant]

Tomorrow i am the defendant in a Summary Judgment motion brought by Midlands lawyers. 

 

I am not very prepared but I feel my best course if action is to object to 2 of the exhibits they have. But I seek advice as to whether these objections make sense and what is the process of objecting.

 

The first objection is that they have not proven that they have purchased my account from the OC. They have provided a sale agreement which references a computer file, "which may be in electronic form", but does not explicitly state my account. They then provide another exhibit which appears to be a print out from said file which lists my personal details and details of my account. But there is no header that links it to the above referenced computer file. 

 

The second objection is that there is no evidence provided that I actually opened the account. Yes, they provided a number of account statements with purchases and my details, but nothing showing that I opened the account.

 

So do any of these objections make sense? Thanks for any help that can be provided.

 

 

 

[Clydesmom]

2 hours ago, WAState Defendant said:

The second objection is that there is no evidence provided that I actually opened the account. Yes, they provided a number of account statements with purchases and my details, but nothing showing that I opened the account.

BAD plan.  Unless you really didn't open this account then alleging identity theft is not a good plan.  If you claim identity theft THEN they have to prove you opened the account.  Another problem with this defense is that in the digital era it is VERY easy to prove you did open the account.  Having statements showing that they were mailed to the address you reside at on multiple months along with making payments from your bank accounts is sufficient to establish the account is yours.  If you falsely claim identity theft (even vaguely) it has the potential to cause fraud problems for YOU.  It is a crime to claim identity theft when you know the account was yours.

To defeat a MSJ you simply need to establish there are material facts which necessitate a trial.  Your first argument seems to be the way to go:  they have not clearly established they purchased any account you are responsible for.

[BV80]

8 hours ago, WAState Defendant said:

The second objection is that there is no evidence provided that I actually opened the account. Yes, they provided a number of account statements with purchases and my details, but nothing showing that I opened the account.

I agree with @Clydesmom.  If the information on the statements such as your name and address are correct, it’s going to be assumed the account is yours.  How can statements go to your address without you seeing them unless someone who lives with you hid them from you?  Once the other party has sufficiently pled that the account is yours and has provided admissible evidence supporting that allegation, it is your burden to show that you didn’t open the account or that their evidence is not admissible.  

[WAState Defendant]

Thank you @Clydesmom and @BV80for the advice and explanation. I thought forcing them to prove it was my account would just be placing another obstacle in front of them but now I see how it can lead to something I do not wan

Again thanks for your responses and advice!

[WAState Defendant]

One more question, @Clydesmom and @BV80

 

They have also presented as evidence a signed declaration from a "Legal Specialist" that basically says that she has reviewed all the electronic records regarding the sale of my account from the OC to the JDB and she declaresb that the chain of custody and validity of these documents are true and accurate.

 

So it looks like the Plaintiff will use this to confirm the JDBs standing and to support the documents I was to object to? If so, can I reasonably object to this statement and if so, which objection?

 

THanks!

[BackFromTheDebt]

1 hour ago, WAState Defendant said:

One more question, @Clydesmom and @BV80

 

They have also presented as evidence a signed declaration from a "Legal Specialist" that basically says that she has reviewed all the electronic records regarding the sale of my account from the OC to the JDB and she declaresb that the chain of custody and validity of these documents are true and accurate.

 

So it looks like the Plaintiff will use this to confirm the JDBs standing and to support the documents I was to object to? If so, can I reasonably object to this statement and if so, which objection?

 

THanks!

A lot of that depends on the judge and it depends on what your state laws are. 
 

In my state the affiant must have first hand knowledge of the account.  Once I had a case with Cap 1 in which Cap 1 had a “legal support specialist “ as the affiant.  I objected and moved to throw out the statements on the grounds that they hadn’t shown that a “legal support specialist “ would have first hand knowledge. 
 

The judge agreed.  
 

As I said, it depends on your judge and your state law.  In my case the state law favored my motion, and I had the most consumer friendly judge in the state.   Your state law may differ, and your judge may not be consumer friendly.