Motion for Summary Judgment

Object to the affadavit unless the person who swore it out can be subpeonaed to testify in open court.

Thank you NASCAR_D.
How long does it usually take for the judge to rule on it.
In other words, how long do I have to object?
I've been away while this went down and don't get back til tomorrow.
I only found out about it by looking at the online docket.
Online it is posted with a 12/27/2010 date.
Thanks again.

Jerks are trying to ramrod it through it seems. Not even a account number has been provided, these people are really outrageous.

From what I have read in my own investigation of information needed to fight a junk lawsuit filed against me, you need to make it known to the court that there are still issues in dispute, you need to identify those items that are still in dispute that would make a judgement in their favor improper. I am sure there are some folks on here who could clue you in on how to properly do this.

You need to file a response to the motion for summary judgment based on insufficiency of evidence and failure to validate claim. DO NOT do nothing, DO NOT wait to see what happens from the judge but immediately enter your opposition to the motion for summary judgment ASAP.

Don't wait until (if) the judge rules favorably on the motion to voice your disagreement with it. The time to act is now. If it was filed the 27th you are living on borrowed time so get going.

Who is the plaintiff, btw? Some collection agencies are infamous for their meaningless affidavits.

Funny thing... I filed my Opposition to MSJ on Monday. Today I received via mail a Notice of Hearing (3 weeks from tomorrow) from the Plaintiff's attorney, who by the way noted that he'll be appearing by phone, to "bring on to be heard the Plaintiff's Motion for Summary Judgment".

Is this where I let the judge know that I have not been given an account number for this debt? I already stated this on my Affirmative Defenses and on my Opp to MSJ. What can I expect at such hearing? Could the judge still say, "whatever, motion granted"? And if so, what next? I doubt that after I've contested, the attorney will not be too friendly towards payment plans, etc...

Any help/thoughts would be greatly appreciated.

-Plaintiff is FIA Card Services, but back in May of last year when I recv'd Summons w/o account number and FIA listed as Plaintiff, I went ahead and contacted them to try to figure out which account this was for. They told me they showed 2 acct's under my name. One that was "closed in good standing", and another which they didn't have anymore and was handed over to Hannah & Associates. Now Hannah is not mentioned anywhere on the lawsuit. So I still haven't got an account number for this, nor do I know if these guys (attorney for plantiff) should even be collecting it.

When was the alleged date of default?

I stopped paying 4 different CCs back on Nov '08.

It sounds to me like your opposition to their summary judgment worked as you did receive a notice for the hearing. And you are well prepared to explain to the judge the problem you are having. Basically, it sounds like you acknowledge that you defaulted on some credit cards, but at this point . . . how do you know "this" is truly the company that has bought or been assigned the debt? Be sure you ask for a chain of custody and an explanation of how they arrive at the debt amount - showing a balance from zero to where they are now.

Not sure how the Plaintiff's attorney appearing by phone works in a court room. Or maybe this would be held in a conference room of sorts? Can anyone please advise as to what I can expect at these type hearings?

I've been telling the court that they hadn't even provided an account number. But alas, this weekend's mail brought a copy of a statement from June '09. ( I stopped paying 4 different CCs in Nov '08 ). So now I really have nothing to argue against it, except maybe a technicality, which is the fact that they used an account number which was "closed in good standing" when my wallet was stolen, and then converted to a different account number when the replacement card was issued. In theory it is still the "same" account in terms of "customer" history if not "account" history.

As it is, I don't expect the attorney to play nice after I've contested and made him work a bit. So not sure if he'll want to set up payment plan or what not. Is that even a possibility? Which brings me to another question. I don't own a home or any assets other than some $ in the bank and then my wages. Bank account levy and wage garnishment, how do they work? Is that something that would automatically go into effect that day? Probably should stop direct-deposit asap, huh?

Any help would be greatly appreciated.
Thanks!

Is this the original creditor or a junk debt buyer? If it is not the original creditor there is a whole list of things they need to prove / demonstrate in order to collect that goes beyond just giving an account number. A copy of a statement doesn't prove anything, they need an accounting of all the charges proving that you are the one who made them. They need to show any payments made, etc.

Do not cave especially if this is a junk debt player.

Ok so they finally provided an account number for an account that is listed with the OC as in good standing???

be sure to object to the affidavit as hearsay. Do what was suggested above.