CAN mr.yet help!? Being sued for credit card debt, trying to defend myself...
Junk Debt Buyers attorney filed claim in Justice court - only attaching T's & C's from a standard credit card agreement (not a contract/no signature page) - I answered denying all - They asked for discover and I answered giving no info other than employer. Pretrial Conference upcoming - Both Filed motion to appear Telephonically. I have Filed Request for Admiss, Interog, and Production of Docs (at length - 12 pages - I bought "The Defendents Package"), I have filed Sworn Denial and Motion to Strike Plaintiff's Affidavit.
Plaintiff's atty has not yet responded (only been 14 days) but has Filed motion to continue pretrial conference combined with MOTION FOR SUMMARY Judgement. They've provided no originals to date, but included copies of Statements only. No contracts from original creditor, anything showing debt was sold to Junk Debt buyer or any contract between buyer and Atty. How do I stop Summary Judgement?
CAN mr.yet help!? Being sued for credit card debt, trying to defend myself...
A junk debt buyer and attorney filed a claim for a credit card debt I couldn't pay. They included only a copy of standard T's & C's from a contact. (Not my contract) We denied all in our discovery as they provided no Original contract. I filed a Motion to Strike their Affidavit and a Sworn denial. I filed my own extensive Request for Interrogatories, Answers and Documents to be produced. While it is still within the time frame to do so, the attorney has not answered those questions or produced any of the documents, but now filed a Motion for Summary Judgment, including Statement copies with my name, showing I made payments, quoting AZ Rule 56 (no issue). How do I stop/reply to the Summary Judgment, and have the court focus on the fact that there is NO original contract produced, no info showing the original creditor sold the debt, no info showing tie between the junk debt buyer and atty..? Is there a Motion to Deny Summary Judgment? Do I combine my reply with a MTD based on fact that no original documentation with my signature has been presented?
Just lost and tired of fighting… help…
Oh boy... thank you AK lawyer... taking in another step...
I did Motion to Strike based on the person signing affidavit never worked for orignal creditor... Obviously I'm scrambling... and the answer to your other question is, No, I can say under oath it's not mine... fact is I wish I could pay it, and my other debts.
I'm just fighting to stay afloat.
I bought and used "The defendants package" on-line, wich gave me all these things to do and say.
Everyone keeps saying - No Contract = No Case... If judge asks if this is your debt, say you don't remember and ask for atty/plaintiff to priovide original. Now that they show a Statement, I can't even say that...
Kind of at the end of my rope and don't know what to do...