I received a Motion for Summary Judgment (MSJ) for an old credit card debt. The case was filed last March, but the Discovery process just now ended. I already know how to write my Opposition to MSJ and have tons of evidence to back it up.
What Iím asking is thisÖ
One of their main arguments in their MSJ is a completely false statement Ė and I can prove that they KNOW itís false. Because they know this to be an untrue statement, they are essentially lying in their motion to the court. Is this considered perjury, or is that a far-stretch?
They are claiming that I (the defendant) had never disputed the debt prior the filing of the summons, and therefore itís seen as admitting to the debt and balance due. They further state that my failure to dispute the debt means that no issues of material fact exist and therefore the MSJ should be granted in their favor.
However, I actually DID dispute the debt via certified mail on SEVERAL occasions, to both the current CA and two prior ones. Not only that, Iíve continued to dispute the debt throughout the course of this suit. They are fully aware that I disputed this debt, before and after the summons.
In their response to my Request For Admissions, they admitted to receiving at least one of the dispute letters and even referenced that same letter in their MSJ and an accompanying affidavit. I also have the certified mail return receipt showing that it was signed by their office. The letter specifically says that it was a ďformal disputeĒ of the debt and that I was requesting debt validation under the FDCPA. Their answer to my DV request was this lawsuit, more than a year later. Not to mention that I sent them (and the court) copies of each letter during the Discovery process.
Thatís more than one piece of evidence proving that they know I did indeed dispute the debt prior to the summons, and yet they said I didnít in their MSJ.
I have enough evidence to likely get their MSJ denied anyway, but need to know the legalities of them knowingly using a false statement in their MSJ. Maybe Iím off track, but Iím thinking it could be a big deal.