Hello, I am from Florida. I am being sued for a 1999 providian credit card debt. I received a summons last month that PORTFOLIO RECOVERY ASSOC. & HAYAT AND HAYAT & LANDAU out OF miami, FL. were suing me on old credit card debt that they had repurchased since it was charged off. I sent them request for validation request and also filed this with the court. Today I received motion for summary judgement ; they will show the court that
1. there are no genuine issues as to any material fact and plaintiff is entitled to a judgement as a matter of law based upon the pleading on file herein.
2. more specifically plaintiff would show unto this court that all the factual allegations contained in plaintiffs complaint are undisputed as a result of the pleadings on file herein , in addition , see affidavit in support of motion for summary judgement as exhibit A.
3. THE SUBSTANTIALissue of law to be determined is as follows:
WHETHER PLAINTIFF IS ENTITLED TO A SUMMARY JUDGMENT WHEN DEFENDANT MERELY FILES A GENERAL DENIAL RAISES NO AFFFIRMATIVE DEFENSES AND PLANTIFF FILES AN AFFIDAVIT SUBSTANTIATING ITS CLAIM?
They sent me a notorized letter stating I AM THE DULY AUTHORIZED RECORDS CUSTODIAN FOR PLAINTIFF AND ASCERTAINED THAT DEFENDANT IS JUSTLY INDEBTED TO THE SAID PLAINTIFF.
They also sent computer print out which looks like copy of top of providians credit card statement in my name with the date april 2004.
Also print out that appears to be summary which says payment 02/19 no year. My credit report states charge off 12/2004. ARE they trying to roll SOL FORWARD? They also did not send any papers as I requested in validation letter with copies of papers that show I agreed to pay what they say I owe. ALSO THEY MOTIONED FOR TELEPHONIC APPEARANCE AT MOTION SUMMARY.....WHICH WAS ORDERED AND ADJUDGED. The trial is scheduled for Feb 26th,2008. Sorry about any typos I was trying to list as much info as I could.Help please.