Jerks filed motion for sum. judgmnt

Discussion in 'Credit Talk' started by braell, Sep 14, 2003.

  1. braell

    braell New Member

    The snakes filed for a motion for Summary Judgement

    Iâ??ve always enjoyed the postings in this group, but am now looking to you all for help.

    My wives credit card, Citibank, about $6000 owed, last pymt 2/1998. The account was sold to NCO (yuck..). Tried for a settlement, they were complete blood suckers. I have no problem settling an account, but they wanted direct withdrawal from my checking and an impossible monthly payment. I waited it out, it resurfaced November of last year, in the form of a motion for judgement through an across the state law firm. I responded with a validation to NCO, got no response. I then answered the original summons and filed for a dismissal based on SOL (washington state, oral contract 5years, 7 year written) through the district court.

    Just like a nightmare on elm street itâ??s back again, this time in the form of a motion for a summary judgement. I never received anything back on the validation last November. So thatâ??s where Iâ??m at now. Our day in court is Oct 30thâ?¦ Do you all think I should send another certified mail validation? If so do I send it to NCO or the attorneys. Should I ask for a dismissal on the latest motion for a summary judgement? If so does anybody know how??

    I get sweaty just thinking about a day in courtâ?¦ but never backed down from a good fight.
  2. keepmine

    keepmine Well-Known Member

    cc's are not written contracts but open accounts per reg z of the Truth in Lending Act. Here's the Wa. SOL. For cc's it's 3 years. Not sure where you're getting your numbers.

    Legal: 12%
    Judgment: 12%

    Open Acct.: 3
    Written Contract: 6
    Domestic Judgment: 10
    Foreign Judgment: 10

    You've a SOL argument but, since you've been sued, I'd really suggest you see a lawyer. This site has some good SOL stuff.
  3. Flyingifr

    Flyingifr Well-Known Member

    FIRST, you should file a Motion to Dismiss With Prejudice on grounds of the Statute of Limitations. Second, you shouldf ile a brief opposing the Motion for Summary Judgement based on your Motion to Dismiss being substantial affirmative defense.

    A motion for summary judgement is saying to the court "your honor, there are no disputed facts, there are no disputed matters of law, please give me my judgement." But there ARE disputed matters of law - the SOL, so the Motion for SummaryJudgement should be denied, but you have to raise that argument NOW.
  4. Butch

    Butch Well-Known Member

    Not me.

    I'd file a counter suit and go ahead and go to court. After disposing of the "debt" issue I'd request my damages.

    I'd also request that the Judge SANCTION NCO, on the grounds that:

    • The SOL is an affirmative defense which once raised, dissallows NCO to collect
    • An SOL defense must be raised or it's waived
    • NCO KNEW, beforehand, that the SOL had expired
    • NCO also knew, beforehand, that I would raise the defense, as evidenced by my communications with them in the past
    • ERGO: NCO has pursued this case frivolously in an attempt to coerce payment
    • Thefore this court should sanction NCO (and their atty's) for wasting this honorable courts time

  5. zerodown

    zerodown Well-Known Member

    To answer your other question: you file your answers with the court, copies to whomever court rules require. If you send your response only to NCO the judge will never see it.
  6. lbrown59

    lbrown59 Well-Known Member

    bump for braell

    THE END ** *** ** LB 59
    Subject: Said It Better Than I could
    The Ten Commandments display was removed Wednesday from the Alabama Supreme Court building.
    There was a good reason for the move.
    You can't post Thou Shalt Not Steal in a building full of Lawyers and
    Politicians without creating a hostile work environment.
    > --------------------------------------------------------------------------
    ---- >>

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