Credit Basics > Credit Related Scams to be aware of

Threat to file a Summary Judgement

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speakhonestly:
DISCOVER BANK (DB) is taking me to a pre-trial conference.  They have threatened to file a summary judgment.  I don't know what that is.  I have tried to negotiate with DB, and they won't budge.  I owe about $7000 and now it is up to $7500 with threats from the attorney to charge me legal fees and numerous harassment calls during work hours even though I asked them to put it in writing and mail to me.  I have made over 20 various offers to negotiate a settlement, to no avail.  I have documented all these attempts.  Will this ever end? 

CleaningUp:
A summary judgment is awarded when all of the facts indicate that judgment is warranted as a matter of law.

Translation:  There are no material facts in dispute and the preponderance of the evidence is in favor of awarding judgment.

Further Translation:  Their case is a slam dunk, and it would be a waste of the court's time to go further.



Unless you have established disputes of material fact, summary judgments ARE slam dunks.

Fighting Irish:
The only way that this is a scam (the section of DB where you put it) is if they threaten to sue you and don't follow up.

Without a lawsuit filed, how can they "take you" to a pre-trial conference? Either they are suing you or they are not.

Given that this is the OC, and that they've been deaf to your offers to settle, I would recommend that you look up the arbitration clauses for Discover credit cards. Any contract that was in effect from the day you opened your account till now will do, so long as it has a survivability clause.

Unless there are material facts at issue, as CU noted, or there are violations of a law in the collecting or attempts to collect this alleged debt, then you WILL, once the suit has been filed, find yourself on the wrong end of a judgment.

I recommend that you do studying on the flyingifr method threads, as well as the arb threads.

Educate yourself on the laws that protect consumers: FDCPA, TCPA, FCRA, etc. There are threads here about all of them, as well as links to the laws themselves, and many sites on the internet have plain language discussions of these laws.

You have a lot of education ahead of you. The good news is that you don't have to pay a law school, nor take the bar exam, to become expert enough at defending yourself to put up a good fight.

All you have to do is learn, and apply what you've learned.

Admin0619:

--- Quote from: speakhonestly on December 01, 2011   02:34:36 AM ---DISCOVER BANK (DB) is taking me to a pre-trial conference.  They have threatened to file a summary judgment.  I don't know what that is.  I have tried to negotiate with DB, and they won't budge.  I owe about $7000 and now it is up to $7500 with threats from the attorney to charge me legal fees and numerous harassment calls during work hours even though I asked them to put it in writing and mail to me.  I have made over 20 various offers to negotiate a settlement, to no avail.  I have documented all these attempts.  Will this ever end?

--- End quote ---

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Flyingifr:
They can file a MOTION for SUMMARY JUDGMENT, but cannot file a Summary Judgment without the Judge granting the Motion. If they do file the Notion, you would file an OPPOSITION TO SUMMARY JUDGMENT showing why there are still issues of fact or law to be resolved by the Judge and that therefore a Summary Judgment is improper. In the Opposition you would list the issues that are unresolved. In their Motion the lawyer will try to make it sopuld like there ARE no unresolved issues.

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