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summary judgment question needing immediate response

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Junior Member
What is the name of your state? Michigan
I wrote earlier about a summons received from Wolpoff & Abramson for a credit card debt they were collecting from JCPenney. The summons was my first notification of any debt. I had fraud alerts on my credit reports after receiving them and noticing numerous errors, including an address that was not mine and accounts I know I never opened. I do not believe this Penney's account is mine, although it could belong to my ex or one of his other exes. We all share the same name and accounts have gotten mixed up before. Anyway, I responded to the complaint with a "neither affirm nor deny" and "insufficient information" and I left Plaintiff with his proofs and a non-jury trial was set for late October. Well, today I received a "Summary Judgment" form from Wolpoff with a request that the court grant them summary judgment and a date of early October was mentioned. WHAT DO I DO NOW????? Does this mean they VALIDATED the debt as belonging to me? They have never shown me any validation, and I actually don't think any validation could exist. Will I be able to dispute this in court on the early October date, or do I have to respond to it now, or what?? HELP!!!


Senior Member
NO, it does not mean they validated anything. It is a standard step to ask for summary judgment - they all do it. You need to object to their motion for summary judgment and start the procedure for discovery. MAKE them produce any proof they may have that this debt is, in fact, yours. Be prepared for them to do the same to you, get yourself whatever you need to prove the debt is NOT yours.

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