JDB law suit update and assistance needed.

This is a discussion on JDB law suit update and assistance needed. within the Debt Collection forum, part of the BANKRUPTCY & DEBT COLLECTIONS category; My law suit with Equable Ascent Financial is set for trial on Sept 6th. I filed answer to summons, affirmative ...

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Old Aug 18th, 2012, 07:19 AM   #1
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Default JDB law suit update and assistance needed.

My law suit with Equable Ascent Financial is set for trial on Sept 6th. I filed answer to summons, affirmative defenses and motion to dismiss. Now I have received Plaintiff's motion to submit records into evidence and motion for summary judgement. How do i deny these motions or answer? Anything else I can do?
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Old Aug 18th, 2012, 07:37 AM   #2
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Default re: JDB law suit update and assistance needed.

I wish to inform you that you can file your reply to the motion for summary judgment. In this regard, you will have to provide the basis as to how the rule of summary judgment does not apply to you. Further, you can argue that you have complied with discovery requests and evidence available with you shows that there are genuine issues to be decided and that summary judgment should not be granted.

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Old Aug 18th, 2012, 09:18 AM   #3
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Default Re: JDB law suit update and assistance needed.

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Originally Posted by wdunhill View Post
My law suit with Equable Ascent Financial is set for trial on Sept 6th. I filed answer to summons, affirmative defenses and motion to dismiss. Now I have received Plaintiff's motion to submit records into evidence and motion for summary judgement. How do i deny these motions or answer? Anything else I can do?
A motion for summary judgment can be granted only if there is no dispute to fact.

You need to review your answer and affirmative defenses, or, better yet, have a lawyer do so for you for apparently the plaintiff believes you had not set up either a sufficient factual or legal defense to stop their getting everything they asked for.
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Old Aug 19th, 2012, 07:15 AM   #4
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Default Re: JDB law suit update and assistance needed.

I believe that I was suppose to ask for original contract in discovery. I didn't do a motion for discovery. Can I do it now? If time doesn't allow response, can i ask for extension of time.
Also yesterday received another motion to allow telephonic witness which I previously filed objection to and the judge sustained my objection. Can they do this a second time and do I just repeat my motion of objection? My last question, do you know of any service to email documents to and have a lawyer review? Thank you for all your assistance. I am trying to defend this.
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