Motion for Summary Judgement

Greetings to all,

I am new to this site, but not new to the fight. In one week's time, I am to appear before a district court in my own defense against a major credit card issuer and their attorney. I could use some help from someone who has been through a court proceeding, perhaps someone has a blueprint on what docs to bring with me to present to the court, and what statements I must make.

I'll keep this as brief as possible, here is the scenario:
1. I contracted with a DE firm that used an independent arbitrator to grant an award in my favor. It has not been confirmed, and the DE firm has the original award.
2. The credit card company sent it to collections, who sent my written notice of default. I responded with a copy of the award, and a cease/desist demand
3. The credit card firm then retained a law firm/debt collector, demanding payment. I sent them the same docs as the original debt collector.
4. They served me with a court demand to appear, including interrogatories. I answered and submitted my own interrogatories. Most of what I submitted dwelled on their right to lend credit, right to act a surety, demanding them to cite case law and bank rules giving them authority to do such a thing.
5. The law firm responded, citing a case in Texas Appellate Court labeled the Monetary Protestor Theory. Evidentally, someone tried a case using the approach that the individual created money with their signature, but the district court over-ruled and the appeals court upheld the argument. I found the defendant's approach to be full of holes, and am not surprised it was upheld. However, that was secured debt (home equity loan) with a security agreement attached, where my alleged debt is unsecured with no attachment. Also - the law firm sais that, "The Plaintiff provided a line of credit in the form of a credit card account, and denies that Plaintiff 'lent credit' to Defendant."
6. They filed a motion for Summary Judgement against me - at this point, my DE firm claimed to be out of business, leaving me to defend myself.

I hope to demonstrate that this credit card company has no standing to even be demanding payment from me - they have no fiduciary control, they are not the originator of any loan - and their own FDIC/SEC/FRB filings prove it. My understanding is, before the judge can allow for discovery, subject-matter juristiction has to be determined. I'm hoping to cut them off at the knees before I have to answer ANY questions about the alleged debt. According to the civil rules of evidence, they won't be hindered by not producing the original note. I'd also like to determine if this law firm purchased the debt, and for how much - not sure if this determination helps me, but I would think that, since I have no contract with this firm, they have no standing.

I would appreciate it if somoene could share personal experiences in court proceedings, or can offer any real-world guidance on how to handle this situation. Thanks in advance...






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Well, I ain't no attorney, (Best NC Dialect)

but, from what you posted, if it were me, I'd pay the money to have my very own court reporter sitting right beside me, putting the court and the bastard attorney on notice that I am serious about pursuing this long term.

Then, I'd look at Trinsey v. Pagliaro, which shows that an attorney can't testify.

Then, I'd between now and then, get a subpoena signed from the clerk with that attorney's name on it, and serve it on the bastard, in compliance with my local rules of civil procedure, (It's rule 45 in NC Rules of Civil Procedure, and that says serve it pursuant to rule 5(b)).

Then, just in case, I'd get 2 more subpoenas signed, with no name on them, but everything else filled in, and if another attorney walks in other than the one I thought was gonna be there, I'd have one of my friends sitting in the courtroom to serve it on them, after I filled in their name.

Then, I'd tell the judge, since they brought no witness, I presume they are going to testify on (credit card company's) behalf.

I call my first witness, (attorney's name).

Then, I'd grill them like a king salmon steak, Marc Stevens style, and I'd even be nice enough to have some kleenex ready for them, when they realize that they just wasted $150,000 on law school, and would probably lose their job.

I really believe the best course of action, seeing as how there's only a week, is to use the transcript against them on a petition to vacate a void judgment, pursuant to Rule 60(b)(4).

If you are lost in the lingo, don't worry. You will learn.

I am not a lawyer, and anything I say is for entertainment purposes only. If you want legal advice, talk to a (cough) legal professional.

If there is one thing I can give you hope about, I can tell you from firsthand experience, 9 out of ten of them are totally incompetent, and stupid, and the other one, although professional and careful, has the wrong picture, and can be defeated by his own logic.

This is not ego talking, it is the revelation of God. Read Job 12:17, and you will see. I am nothing, but the wisdom He gives, is everything, and I hold no claim to that, other than the fact that I have asked, and receive liberally.

HB

ARE YOU IN TEXAS? STAY AWAY FROM THE "SIGNATURE CREATES MONEY" ARGUMENT. THE CONTRACT CONTRACT IS THE ISSUE HERE. E-MAIL ME AND I'LL SHOW YOU SOME GOOD LINKS.

Originally Posted by jcampdog

Greetings to all,

I am new to this site, but not new to the fight. In one week's time, I am to appear before a district court in my own defense against a major credit card issuer and their attorney. I could use some help from someone who has been through a court proceeding, perhaps someone has a blueprint on what docs to bring with me to present to the court, and what statements I must make.

I'll keep this as brief as possible, here is the scenario:
1. I contracted with a DE firm that used an independent arbitrator to grant an award in my favor. It has not been confirmed, and the DE firm has the original award.
2. The credit card company sent it to collections, who sent my written notice of default. I responded with a copy of the award, and a cease/desist demand
3. The credit card firm then retained a law firm/debt collector, demanding payment. I sent them the same docs as the original debt collector.
4. They served me with a court demand to appear, including interrogatories. I answered and submitted my own interrogatories. Most of what I submitted dwelled on their right to lend credit, right to act a surety, demanding them to cite case law and bank rules giving them authority to do such a thing.
5. The law firm responded, citing a case in Texas Appellate Court labeled the Monetary Protestor Theory. Evidentally, someone tried a case using the approach that the individual created money with their signature, but the district court over-ruled and the appeals court upheld the argument. I found the defendant's approach to be full of holes, and am not surprised it was upheld. However, that was secured debt (home equity loan) with a security agreement attached, where my alleged debt is unsecured with no attachment. Also - the law firm sais that, "The Plaintiff provided a line of credit in the form of a credit card account, and denies that Plaintiff 'lent credit' to Defendant."
6. They filed a motion for Summary Judgement against me - at this point, my DE firm claimed to be out of business, leaving me to defend myself.

I hope to demonstrate that this credit card company has no standing to even be demanding payment from me - they have no fiduciary control, they are not the originator of any loan - and their own FDIC/SEC/FRB filings prove it. My understanding is, before the judge can allow for discovery, subject-matter juristiction has to be determined. I'm hoping to cut them off at the knees before I have to answer ANY questions about the alleged debt. According to the civil rules of evidence, they won't be hindered by not producing the original note. I'd also like to determine if this law firm purchased the debt, and for how much - not sure if this determination helps me, but I would think that, since I have no contract with this firm, they have no standing.

I would appreciate it if somoene could share personal experiences in court proceedings, or can offer any real-world guidance on how to handle this situation. Thanks in advance...






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Just a quick update - we are to appear in court tomorrow to se eif the judge will grant a motion for continuance - my wife got a letter from her doctor (she is pregnant) stating that the stress incurred from a hearing could make matters worse for an already complication-filled pregnancy...ironically, the judge wants her to appear to find out if the motion will be granted, which kind of defeats the whole purpose in my mind...but it is worth a shot

A few quick bullet-point questions for everyone:

1. If a credit card company sells the receivables (collections) to a trust, do they have the ability to seek legal remedy? If they do not own receivables and have no hold, title or interest in said receivables, do they have standing to collect?
2. If a credit card company charges-off delinquent receivables and writes them off as a loss on their bank ledger, can they still seek legal remedy and ask a judge to award a motion for summary judgement?

Thanks in advance...

just a quick reply...

did you read my post?

HB

[Bill Smith]

The DE stuff doesn't work and you'll just end up getting a fine by the court.

Go file bankruptcy, its your only hope.

Well, here is a quick run-down of our court proceeding today, in case it can help anyone down the road facing the same predicament:

We filed our motion for continuance yesterday - we got a doctor's note from my wife's OB/G, stating that the stress from her pregnancy would not be good for the baby, and we ask that we wait until after the birth to have the court here the motion for summary judgement. We had to appear this morning to find out if the judge would grant it - he would not grant it, stating that this is not a trial but a hearing, and that there would be no testimony and no jury...it was a long shot, we were not shocked at this...

When the Plaintiff filed their Motion for Summary Judgement, we had 30 days to respond in kind, with affidavits. We did not know that, so the judge had to rule for the Plaintiff on his motion to follow with the Texas civil rules of procedure. He was very kind about it, but the law was right there. He said we have 30 days to appeal his order, so we're looking into a few different things...hope this helps...

[KITCHIE]

According to Richard Cornforth, a Motion for Summary Judgment can only happen AFTER there has been a trial. It seems that we have been tricked for a VERY long time about this.

Therefor it seems that if they get their motion granted you can do a void judgment on it because you had a hearing not a trial.

Kitchie

[weishaupt1776]

Originally Posted by KITCHIE

a Motion for Summary Judgment can only happen AFTER there has been a trial

No "legal" references to this one?

Cases, FRCP anything?

[EdgarW]

Originally Posted by KITCHIE

According to Richard Cornforth, a Motion for Summary Judgment can only happen AFTER there has been a trial. It seems that we have been tricked for a VERY long time about this.

Therefor it seems that if they get their motion granted you can do a void judgment on it because you had a hearing not a trial.

Kitchie

Strange, I've worked in law offices forever (not as the enemy): Motions for Summary Judgment are filed before cases go to trial. The judgment is rendered by the judge upon arguments posed by the parties in order to obviate the need for a trial. Judicial economy, as they say, blah, blah, blah. Whoever tells the best story to the judge (and that's all lawyers are, really, storytellers) wins summary judgment.

Best regards,

EdgarW