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?

Quote:

---

Originally Posted by CON40

... - They asked for discover and I answered giving no info other than employer.

---

That's one thing you shouldn't have given. Not pertinent to their proving their case and very useful when and if they get a judgment. But how are you going to explain your refusal to abide by the discovery rules; and at the same time make an argument that they haven't been up front in making their case?

Quote:

---

Originally Posted by CON40

... I have filed ... Motion to Strike Plaintiff's Affidavit.

---

On what grounds?

Quote:

---

Originally Posted by CON40

... ... 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?

---

Main thing you need to do is to file an affidavit raising material issues of fact:
Can you say, under oath, that
1) the statements they provided are incorrect?
2) you never signed a contract, made the purchases alleged in the statements, or failed to pay when due?

Also, you need to clearly describe how the testimony in their affidavits (essentially what they are saying they could prove at trial) would, if fully believed, be insufficient to prove their case at trial. For example, you would explain that, among other things, they have nothing in their affidavits showing that plaintiff purchased the debt.

What contract the plaintiff has with it's attorney is immaterial, IMO.

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…

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...

Quote:

---

Originally Posted by CON40

...
Kind of at the end of my rope and don't know what to do....

---

Welcome.

Worst that can happen would be a judgment. Not the end of the world. :)

But please don't start multiple threads on the same subject. Eventually someone is going to scold you for it and combine them into a single thread.

I think ( think) I have cleaned this up, several threads on several different forums, But I believe I have moved them all to the same area.

What they needed to provide was copies of the web material that you clicked on, and the page you clicked to do a electronic signing when you agreed to purchase the material online.

That is considered a valid purchase and debt, and they provide the FAQ or other rules of their site.

You stop a summary judgement by showing up in court, they rule against you on the information provided if you don't appear in court to agrue a defense.

So is this the proper way to continue a thread..

New to this...

I will show up, the bigger issue is, they haven't answered my Request for Int, Admis & Prod of Docs... don't they have to? Or dies their Motion for SJ make it irrelavant? Is my stance, "The Plaintffs atty has not provided answers & requests which include a request for the Original Contract?

Quote:

---

Originally Posted by CON40

I will show up, the bigger issue is, they haven't answered my Request for Int, Admis & Prod of Docs... don't they have to? or dies thier Motion for SJ make it irrelavant? Is my stance, "The Plaintffs atty has not provided answers & requests which include a request for the Original Contract?

---

If they haven't complied with discovery it is up to you to file a motion to compel a response. If they are ordered to respond and don't, an appropriate remedy might be dismissal of their complaint.

I can't even figure out how to add a quote from your message Fr_Chuck!

Should I add this to my defense >>> "they needed to provide - copies of the web material that you clicked on, and the page - clicked to do a electronic signing when you agreed to purchase the material online." >>> if not the Original Contract, or is that simply directing them to find it?

Also, I know I need to show up in court, and I will, but AZ Rules say I have to respond within 15 days (revised statute says 21 I think) or the judgement goes through...

First, our pre-trial conference is May 3rd, and they just filed the Motion for SJ last week which was combined with motion to continue pre-trial conf... Our courts way backed up... no way it will get to the judge in time to move the conference (so, obviously show up to that... )

Second, how am I supposed to respond>>>?? An Affidavit? Of what? Respond perhaps with a Motion to Dismiss since the Plaintiff/atty has not provided any original contract/web pages... etc... nor have they answered my requests for INT, ADMIS, PROD of DOCS... MTD Without Prejudice until the time they had to respond to my requests expire, if no contract by then, changes to WITH Prej..? Lost... (and I know it's not the end of the world, but would literally make us homeless if we lose any of my income... )

Fr_Chuck?? mr.yet?? Anyone??

AK Lawyer - THANK YOU for your response, however it just adds confusion: Do I include that in my "Affidavit" or response to the Motion for Summary Judgement?
Do I file a Motion to Deny Plaintiff;s Motion for SJ including Motion to Compel... you guys must go nuts with this stufff... I'm ready to sell every piece of junk I have to pay these people off...

Elp...

Quote:

---

Originally Posted by CON40

I can't even figure out how to add a quote from your message Fr_Chuck!

---

There is a button at the bottom of his message which says "quote". Drag the cursor across that portion of his text to "block" it, and then click on that button. Alternatively, cut and paste what you want to quote, put "quote", in brackets, before it and "/quote", also in brackets, after it.

Quote:

---

Originally Posted by CON40

Second, how am I supposed to respond>>>??? an Affidavit? Of what? Respond perhaps with a Motion to Dismiss since the Plaintiff/atty has not provided any original contract/web pages... etc... nor have they answered my requests for INT, ADMIS, PROD of DOCS... MTD Without Prejudice until the time they had to respond to my requests expire, if no contract by then, changes to WITH Prej....???? Lost.... (and I know it's not the end of the world, but would literally make us homeless if we lose any of my income...)

---

File a document entitled "Opposition to Motion for Summary Judgment", together with an "Affidavit in Opposition to Motion for Summary Judgment". These should be accompanied with a suitable order for the judge to sign.

Another motion (also backed up with affidavit, and lodged order) would be one to compel. Use correct grammar -- don't abbreviate (as "requests for INT, ADMIS, PROD of DOCS.") when what you really mean, I assume, is "interrogatories, request for admissions, and request for production of documents. Attach these discovery requests to an affidavit in support of your motion, stating in the affidavit that you have served the attached documents on (attorney for plaintiff) in such and such a manner (mailing, by first class mail, for example), on such and such a date.

You are aware, I assume, that there are statutes providing certain exemptions from wage garnishment?

No, I wasn't. Based on all that I've heard, these guys are good and ruthless, and ruin peoples lives. Once they get the judgment (sometimes by cheating - i.e. not mailing defendant copies of Motions so they don't respond... I call the court weekly to see if anything new was filed without my knowledge) they garnish 25% of your earnings... Very scary for my personal situation... THANK YOU for all your advise so far, I think I can take the next step properly now. Sincerely appreciate.

I hate to further display my ignorance of the subject matter, but on my "Order" page:
For Opposition to Motion for Summary Judgement, should it say "Order Denying Plaintiff's Motion for Summary Judgement"?
For Motion to Compel Discovery, should it say "Odered - This court compells Plaintiff to provide requested discovery"?

Hello C:

In the absence of Mr yet, I found a great website that should help a lot.

excon

Quote:

---

Originally Posted by CON40

... For Opposition to Motion for Summary Judgement, should it say "Order Denying Plaintiff's Motion for Summary Judgement"?

---

That would be a good title for the document.

The text should go something like this:
"Plaintiff having moved for summary judgment, and the defendant having opposed said motion", or (more commonly), "The court having been advised in the premises;

Plaintiff's motion for summary judgment is denied.
________
Date

_______________
[Judge's name]
Judge "

Quote:

---

Originally Posted by CON40

For Motion to Compel Discovery, should it say "Odered - This court compells Plaintiff to provide requested discovery"?

---

[same preliminary recitations as above]
"It is ordered that Plaintiff shall respond to Defendant's [list the discovery requests] by ______. "
[followed by date and signature block as above]

Of course I did this already instead of being patient... Here's what I actually did, prior to reading your note:
OPPOSITION TO MOTION FOR SUMMARY JUDGEMENT (Filed concurrently with Motion to Compel Discovery)

Comes now, the Defendants, XXXXXand XXXXXXXXXX, who request this Honorable Court deny Plaintiff’s Motion for Summary Judgment, as there are several genuine issues of material fact.

Then stated facts... ie:
1. The “Statements” provided in Plaintiff’s Motion are not recognized by Defendant, nor do they prove the Defendant entered into contract with the alleged creditor.

2. Defendant does not recall signing a contract with alleged creditor and does not recognize the purchases shown on the statements provided by Plaintiff, nor has it been proven that the Defendant made the payments shown on said statement.

3. The Plaintiff failed to state a claim upon which relief can be granted by not providing an original contract with Defendants signature.

4. Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with Plaintiff.

5. The Plaintiff has not proven that they are authorized and licensed to collect claims for others in the State of XXXXXX, solicit the right to collect or receive payment of a claim of another.

6. Plaintiff is barred under the Fair Debt Collection Practices Act, hereinafter called FDCPA, Section 807(2), 15 U.S.C. § 1692e(2)from collecting interest and any amount unless it is expressly authorized by the agreement creating the alleged debt or permitted by law. Plaintiff has failed to attach proper documentation to verify if such interest is allowed.

7. Defendant claims Accord and Satisfaction as Defendant alleges that the original creditor accepted payment from a third party for the purported debt, or a portion of the purported debt, or that the Original Creditor received other compensation in the form of monies or credits from the Plaintiff.

8. Plaintiff's damages are limited to real or actual damages of actual cost paid or exchanged to alleged Original Creditor for the purported debt.


CONCLUSION:
Plaintiff has failed to recognize or has intentionally ignored these genuine issues of material fact. Furthermore, Plaintiff has thus far ignored Defendant’s Discovery requests. Additionally, the Defendant has filed a Motion to Strike Plaintiff’s Affidavit which is in part their argument for Summary Judgment, and the court has not yet ruled on that Motion. Plaintiff is not entitled to Summary Judgment as described in Plaintiff’s motion.


And

ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGEMENT

Upon the OPPOSITION TO MOTION FOR SUMMARY JUDGMENT and AFFIDAVIT(S) by the Defendants herein and reviewed by this court, and with good cause appearing it is ORDERED that the Plaintiff’s Motion for Summary Judgment be denied.

?? I also included an Affidatvit in the OPPOSITION,

Then I did the Mition to compel...

With a similar format, and affidavit, copies of the Origianl Discovery request, etc...

Fun stuff.
No wonder attorneys make so much per hour...

THANK YOU for all your help, and if I messed up badly, let me know! :-)