Legal Question in Credit and Debt Law in California
Notice of summary judgment
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?
1 Answer from Attorneys
Re: Notice of summary judgment
You will lose the motion for summary judgment, because you aren't a lawyer and you don't know the complicated rules for responding. If they don't have anything with your signature on it you should be able to make short work of this case, but you won't be able to do it by yourself. And if you win the case your attorney fees will be paid by them, so I don't understand why you are trying to represent yourself. I hope you had legal help preparing the general denial, because you might have waived good defenses if you did not raise them in your response.
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