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  1. #1
    Join Date
    Aug 2009
    Posts
    2

    Default How Do I Respond to a Plaintiff's Motion for Summary Judgement

    My question involves judgment recovery in the State of: GA

    Originally back in april of this year, I recieved a summons letter from an attorney representing a holding company for a citabank account. I responded to the attorney both via phone call and letter to the court indicating that I have never owned such account and that they have the wrong person. All the verifiying info was incorrect and it simply was not me. The attornry sent me a letter on July 1st indicating that he recieved my answer wherein i indicated that i dont recall the credit card account, but unfortantly they have found that such assertions are often not correct and must further investigate, and then futher goes on to say that if i continue to believe the card isnt mine to respond accodlingly. Around July 20th i recieved a first request for production of documents and notice to prouce to defendant, needless to say i didnt respond simply because this was asking for alot of personal information in which i simply did not trust the attorney who was requesting this as i have in the past to call and dispute this with them having simply updated my information in there complaint against me (i.e. address).

    Now on August 26, I recieved a MSJ for this credit card that I have never owned, and I am stuck on what to do. As evidence in the exhibits the attorney is offering the credit card agreement, bill of sale to the holding company, routine and factual business records of the card issuer and true and accurate copies of the billing statments. On exhibit 3 it provides account number balacne fees date opened charge off date, merchant account type, first name last name SS# home phone address etc... now here is where I prove that this is not my account... the SS number that is on this account is not mine... i have told this sereval times to the people at Midas Holdings and someone at the law office however they have continually disregard this key fact. All the other information name and address is mine as they have updated it as a result of me comunicating to them. What am I to do to resolve this?

    Thank you,
    Nihilist

  2. #2
    Join Date
    Sep 2005
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    Posts
    74,865

    Default Re: How Do I Respond to a Plaintiff's Motion for Summary Judgement

    You've been ignoring a lawsuit, and refusing to comply with discovery, because you don't owe a debt? No, no, no. You have to answer the lawsuit and raise affirmative defenses, and you have to fulfill your duty to answer discovery, lest you be defaulted and/or have the court order that you are precluded from raising certain defenses for having failed to raise them in a timely manner or having failed to include them in your answers to the plaintiff's discovery.

    You now need to file a timely and proper answer to their motion, raising any appropriate defenses, properly file and serve your answer, then appear in court to argue your side on the motion hearing date.

  3. #3
    Join Date
    Aug 2009
    Posts
    2

    Default Re: How Do I Respond to a Plaintiff's Motion for Summary Judgement

    Quote Quoting Mr. Knowitall
    View Post
    You've been ignoring a lawsuit, and refusing to comply with discovery, because you don't owe a debt? No, no, no. You have to answer the lawsuit and raise affirmative defenses, and you have to fulfill your duty to answer discovery, lest you be defaulted and/or have the court order that you are precluded from raising certain defenses for having failed to raise them in a timely manner or having failed to include them in your answers to the plaintiff's discovery.

    You now need to file a timely and proper answer to their motion, raising any appropriate defenses, properly file and serve your answer, then appear in court to argue your side on the motion hearing date.
    Thank you for the information Mr. Knowitall and sorry for the delay in responding as my internet has been down for the past week. How do i file an answer... what is my affirmative defense other than this is not mine...here is the proof... ss number copy noterized...is it simply replying via a letter to the court? Please forgive the lack of knowledge here as I am clearly lost. I have until 25th to reply i just want to make sure that I am reply correctly, I have not had anything from the court in terms of a hearing date or am i asking the court for a hearing date in my reply... and finally is this consider a "motion" and if so do i need to respond a certain way (form, lettter, etc....) thank you again for you help.

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