motion of summary judgment

[bricrys]

What is the name of your state (only U.S. law)? California

I just received a notice of motion and motion for summary judgment from a collection agency from a defaulted credit card. When I was first served I responded to the courts and filed my general denial. The next court date was for July, but the motion says May 30th and when I looked up the courts website nothing has changed on line in the case. So my question is what is this and what do I do? Also they sent me exhibits but nothing has my signature on it, no contract or anything. And they said they sent me a letter demanding payment on March 4 2008 and a true and correct copy of this letter is attached as Exhibit c but the letter they attached was dated April 26, 2007 and the owner of the place was PHARIA but the company that is sueing me is Dodeka. Could I file a motion to dismiss based on this? And do they have to show all the evidence they have in these is exhibits or can they hold something back?

 

[cosine]

What is the name of your state (only U.S. law)? California

I just received a notice of motion and motion for summary judgment from a collection agency from a defaulted credit card. When I was first served I responded to the courts and filed my general denial. The next court date was for July, but the motion says May 30th and when I looked up the courts website nothing has changed on line in the case. So my question is what is this and what do I do? Also they sent me exhibits but nothing has my signature on it, no contract or anything. And they said they sent me a letter demanding payment on March 4 2008 and a true and correct copy of this letter is attached as Exhibit c but the letter they attached was dated April 26, 2007 and the owner of the place was PHARIA but the company that is sueing me is Dodeka. Could I file a motion to dismiss based on this? And do they have to show all the evidence they have in these is exhibits or can they hold something back?

They will only preset to the court anything they believe helps their case, or what the court orders them to preset (which it won't generally do unless you make a proper motion to ask the court to do so).

Where does this "The next court date was for July" come from, and in what context does the motion say "May 30"? Do NOT depend on the court web site. Web sites are not dependable for things like this. Call or visit the clerk of the court, with docket number handy, and ask. The May 30 item MAY be something else, such as a deadline to file a motion in opposition. You need to figure this out with certainty. You probably do need to file oppositions to every motion.

If any of these steps is not clear to you, then you need the assistance of an attorney. Based on what you have stated (which I cannot rely on), you MAY have a valid case. Your attorney should be able to tell you if you do, or not, based on actual evaluation of the evidence.

If you really owe this debt (and if you do, you most likely now also owe all the legal fees attached), the court will figure that out and order a judgment entered in the favor of the plaintiff. If you do owe, and want to avoid that, you will need to do your best to find a settlement with the plaintiff. However, if you don't owe, your attorney may know (depends on your case) motions to file to make it all go away (scare THEM into dismissing) before the court hearing (July?). Been there, done that.