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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 12529
Experience:  B.A.; M.B.A.; J.D.
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Im still fighting against a debt buyer here columbia sc. We

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I'm still fighting against a debt buyer here columbia sc. We made it to Masters-In-Equity as I believed they were not ready for trial. They just lost a motion to compel filed against me: judgement denied. I want this case to be over. They do not have any fact that stand the right to sue. What are my options to go after them in order to dismiss the case?
Submitted: 10 months ago.
Category: Consumer Protection Law
Expert:  Phillips Esq. replied 10 months ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.

I'm still fighting against a debt buyer here columbia sc. We made it to Masters-In-Equity as I believed they were not ready for trial. They just lost a motion to compel filed against me: judgement denied. I want this case to be over. They do not have any fact that stand the right to sue. What are my options to go after them in order to dismiss the case?

Optional Information:
Country relating to Question: United States
State (if USA): South Carolina
What have you tried so far?: I was served and I answer their complaints on time. They send me discovery requests. I responded on time and I also served them my discovery requests. We went to court before they answer me.They told me to refer the case to Masters-in-Equity in order to provide me what I need in respect to my discovery requests.Flat lies they just was not ready for trial in the circuit judge.They have not produce any document that shows they own the debts and how the amount is calculated.Well in Masters-in-Equity they filed a motion to compel against me.I did not have anything for them. I gave them all I have in their discovery requests. The judge denied their lawyer the motion to compel. So now I would like the case to be dismissed. What should I do at this point?

Response: At this time, you need to file Motion to Dismiss detailing the reasons why the debt buyer should not be allowed to continue with the case: lack of legal capacity to sue, has not proven the ownership of the debt, copy of assignment and chain of assignment showing current ownership not provided, lack of copy of the credit card agreement. Then ask the Clerk to mark the Motion for Hearing, to get the hearing date. You must serve Notice of the Hearing and copy of the Motion to Dismiss to the debt buyer's Attorney.

Customer: replied 10 months ago.


I don't need them to produce a document that they did not give me during my discovery requests. What sould I do? Do I need to get the paper that denied the judgment of their motion to compel before filing a motion to dismiss?

Expert:  Phillips Esq. replied 10 months ago.
I am sorry, I do not quite understand your question. Could you review it and resubmit?


I don't need them to produce a document that they did not give me during my discovery requests. What sould I do? Do I need to get the paper that denied the judgment of their motion to compel before filing a motion to dismiss?


Thanks!
Customer: replied 10 months ago.

1-Do they have the possibility to come up with documents I asked them to provide me which they did not provide me during discovery? If so what sould I do to fight that?


 


2-Do I need to get the judge decision of the denied motion to compel before filing my motion to dismiss?

Expert:  Phillips Esq. replied 10 months ago.

1-Do they have the possibility to come up with documents I asked them to provide me which they did not provide me during discovery?

Response 1: Yes, they can. However, if the production has passed the deadline, the Rules also give you the option to file for Judgment of Dismissal. A hearing would be held and they must tell the Court why they were late in producing the documents. Most often the Court would allow them to produce the documents if the late production would not prejudice your preparation for the case. However and more importantly, if you also requested for Admissions and they did not respond within the time provided by the Rules, the items in your Request for Admissions are considered to have been admitted and you can request for Judgment of Dismissal based on their failure to respond to your Request for Admissions.

If so what sould I do to fight that?

Response 2: See my response above.

2-Do I need to get the judge decision of the denied motion to compel before filing my motion to dismiss?

Response 3: No, you do not.

Customer: replied 10 months ago.
We are in Masters-in-Equity Court in Richland county South Carolina. The discovery processes back and forth between them and I,as admission/productions of documents were done last year 2012 between august-september-october.They refused or failed to give me any document. I bet we are way overdue delay provided by the rule if i'm not mistaking in SC.
1-Will the Court allow them to produce document they failed or refused to give me?
2-Will the Court allow me to strike them before the judge? Please tell me what is my best move.
Expert:  Phillips Esq. replied 10 months ago.

We are in Masters-in-Equity Court in Richland county South Carolina. The discovery processes back and forth between them and I,as admission/productions of documents were done last year 2012 between august-september-october.They refused or failed to give me any document. I bet we are way overdue delay provided by the rule if i'm not mistaking in SC.
1-Will the Court allow them to produce document they failed or refused to give me?
2-Will the Court allow me to strike them before the judge? Please tell me what is my best move.



Response: I really cannot speculate here. However, what I would do if I were you is to file Motion to Dismiss/Judgment of Dismissal for lack of legal capacity to sue as previously mentioned and/or failure to respond to Request for Admissions.

Customer: replied 10 months ago.
Alright Sir I understand. I have a last question for now. What is motion to strike? And when do I need to file a motion to strike in respect what you already knew from what I told you in this case? Thanks
Expert:  Phillips Esq. replied 10 months ago.

Alright Sir I understand. I have a last question for now. What is motion to strike?


Response 1: South Carolina Rule 12(f) of Rules of Civil Procedure defines Motion to Strike as follows:

"(f) Motion to Strike. Upon motion pointing out the defects complained of, and made by a party before responding to a pleading or, if no responsive pleading is required within 30 days after the service of the pleading upon him or upon the court's own initiative, at any time the court may order stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent or scandalous matter."

At this time, it is too late in the process for you to be filing a Motion to Strike. Only the Court can strike and defects in the Plaintiff's pleading at this time upon its own motion. Click here for a link to South Carolina Rules of Civil Procedure:



http://www.sccourts.org/courtReg/indexCivil.cfm






And when do I need to file a motion to strike in respect what you already knew from what I told you in this case? Thanks





Response 2: See my response above.

Phillips Esq., Attorney-at-Law
Satisfied Customers: 12529
Experience: B.A.; M.B.A.; J.D.
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