Motion for Summary Judgement - Help!
Date: Sun, 10/19/2008 - 14:53
Submitted by hazeleyes61878
on
Sun, 10/19/2008 - 14:53
Total Replies: 10
Now, 4 months later I receive a Motion for Summary Judgement. It furthur states the motion will be brought before the court on Nov 5. It also included an Affidavit in Proof of Claim and an Affidavit in Support of Fixing a Reasonable Attorney's Fee. This is crazy. Any thoughts on what I should do?
Can I too file a motion for dismissal based on the facts I have? Or should I file another type of motion or objection?
Or...should I just show up to the court date? Or both?
Any hepp would be appreciated! Thanks!
Show up for the court date. Ask again for validation during disc
Show up for the court date. Ask again for validation during discovery, if it can't be provided, ask the judge for dismissal.
Waht state do you live in? Make sure you show up in court on 11
Waht state do you live in? Make sure you show up in court on 11/5. You will need to research your states Rules of Civil Procedure to make sure that you response is in the correct form. The Affadavit of Proof of Claim can likely be challenged. If the person who signed it is not in court to be examined then it can be thrown out.
Thank you. Is it true that statements serve as validation alone
Thank you. Is it true that statements serve as validation alone...even without transactions and interest and fees, etc., being displayed?
Not if you request all that in discovery....that is the key thin
Not if you request all that in discovery....that is the key thing here, if you ask for it in discovery they -have- to provide it, or you can motion to dismiss since they can't prove the claim.
And Discovery would occur at the motion hearing on the 5th?
And Discovery would occur at the motion hearing on the 5th?
You already denied, and you got a letter for the summary judgeme
You already denied, and you got a letter for the summary judgement? Call your court and ask them about the discovery process also be sure you object to the affidavits as hearsay. I think usually when you answer, the court sets up a court date.....it looks like the CA is trying to get a default snaked in..make sure you go, but call asap and ask about the discovery process, you might have to file something to demand it.
Yes, that is what I found strange. How should I object? Via a
Yes, that is what I found strange. How should I object? Via a motion of objection? I was going to file a motion for dismissal, seeing how there was no validation, but wasn't sure if it were too late?
Representing yourself isn't the way to go, as it sounds like you
Representing yourself isn't the way to go, as it sounds like you don't understand the court's rules of civil procedure. I would *strongly* suggest that you hire an attorney. You can get a referral from your local county bar association.
LOL, thanks davidw. The debt is relatively insignificant (they
LOL, thanks davidw. The debt is relatively insignificant (they claim ~4k...really it is probably more like 2k). Hiring an attorney would probablty cost as much as the total debt! I appreciate the posts.
I received an motion for summary of judgement in the mail for an
I received an motion for summary of judgement in the mail for an old credit card. The card is no longer on my credit report. I received a summons last Sept. and responded and asked them to provide documentation of the transactions and balances. They did not and I did not hear from them again until I received the letter in the mail. Should I respond and ask them again to provide documentation or just wait until the court date?