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Collections Law/Motion for Summary Judgement

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Expert: Creditwrench - 12/29/2008


Question
LVNV Funding, via an attorney debt collector in my state, filed a lawsuit against me. I answered the complaint and filed a motion to dismiss on the basis that the plaintiff needed to file a more definite statement validating the debt. I had help from a legal clinic who prepared the motion for me. The attorney debt collector sent me interrogatories. I completed them denying I owe the debt. The judge ordered the attorney debt collector to provide a more definite statement of the debt within 60 days or the case would be dismissed. On the 59th day the attorney debt collector filed a motion for a 45 day extension saying that it would not prejudice me and they needed the time to secure proof of the debt. That was 2 months ago. It is now 60 days past the initial 60 day dismissal that the judge originally ordered. The judge has never ruled on the attorney debt collector's motion for a 45 day extension.

My questions:

1. Am I correct that I should file a motion summary for judgement or is there some other action I should make?

2. Is there a sample motion summary for judgement you can refer me to online or at your website?

I've taken every self-help legal book out of my local library as well as scoured the Internet. I don't want to botch this up and can't afford to pay a lawyer to draw these documents up for me. The legal clinic that helped me in the beginning is no longer available. I know I need to file something sooner than later but I really need help.

Is there a way to force the judge to make a ruling. It's as though they're trying to give the debt collector all the time in the world to dig up something.

Any help would be greatly appreciated! Thank you in advance.


Answer

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You might want to file a motion for summary judgment. It should succeed under the given circumstances. Of course, they could file a new case if and when they come up with the documentation. Then you would have to respond to that.

I don't know of any sample motion for summary judgment and I don't have any on any of my web sites.

Why not give me a call and we will see if something can be worked out to get you going.  

Creditwrench

Expertise

Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.

Experience

I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.

Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.

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