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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 19662
Experience:  Lawyer
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Im being sued in a credit card case in LA. I responded and

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Im being sued in a credit card case in LA. I responded and requested Production of records in Oct 2012..11 MONTHS AGO and one week ago rec'd their 'vague' response from the attorney. (only sent 4 billing statements and an affidavit from "some person". The question? it was not dated or filed at the court (only signed by an attorney). What the ???? Should I file a motion for summary judgment
Submitted: 10 months ago.
Category: Consumer Protection Law
Expert:  Lucy, Esq. replied 10 months ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

Responses to discovery requests are not filed with the court. The time for a party to present their evidence to the judge is at trial. However, if they provided you all the evidence they had, and it does not establish that you owe the debt, then you would have a basis for filing a Motion for Summary Judgment.

Summary judgment is allowed when there are no disputed facts at issue in the case. If they do have some evidence that you owe the debt, and you're disputing that, then it's up to the judge to decide who is telling the truth. The judge isn't allowed to weigh evidence on a summary judgment motion.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 10 months ago.

They have not provided a Purchase agreement showing they own the debt, no signed contract agreement..just a few billing statements with my name and the balance owed. I never signed for this credit card. Although I asked them to show me proof...to date nothing. Im ready to make this go away. I suspect my best move is a summary judgment motion?

Customer: replied 10 months ago.
Relist: Incomplete answer.
Expert:  Lucy, Esq. replied 10 months ago.
I apologize for the brief delay. The system requires us to answer questions in the order they are received, so it can sometimes take a few minutes to respond to follow-up questions.

If the Request for Production of Documents asked for those things and they did not produce them, then you could move for summary judgment based on the fact that the evidence they provided does not establish that you owe the debt. They may try to attach more evidence to their Opposition. But if they do that, you can move to strike, based on the fact that they did not produce them when you asked.
Customer: replied 10 months ago.

Sorry for my 'impatience'..lol. That's great advice. I appreciate you. In "MOVING TO STRIKE" is there a particular motion i'd have to file with the court?

Expert:  Lucy, Esq. replied 10 months ago.
There isn't a specific form available online. This sample has the basic format, but it's not aimed at discovery violations.
http://www.scribd.com/doc/25604297/Sample-Motion-to-Strike-for-California


The argument would be, essentially, that a party has an obligation to produce documents responsive to discovery requests , and to supplement with information that becomes available later. By not doing that, they violated the Rules of Discovery.
Customer: replied 10 months ago.

..in some of their responses to my request to produce records, the lawyer's answers state something to the effect of "burdensome" and "Plaintiff does not have this record in their possession but may submit later". Is it possible for them to produce these records AFTER i file a motion for summary judgment? I want to be sure when i file my MSJ that this junk debt buyer's attorney won't produce any 'surprise' records?

Expert:  Lucy, Esq. replied 10 months ago.
If they refused to provide records on the ground that they are burdensome, usually the next step is for the party to file a Motion to Compel. The judge can determine on his own whether it's burdensome for them to produce what was requested. Then, if they refuse to produce the records, the judge can prohibit them from using those records against you.

Most likely, if you file a Motion for Summary Judgment, they'll attach any evidence they have in response. So, one way to avoid that surprise is to move to compel the documents before seeking summary judgment.
Lucy, Esq., Lawyer
Satisfied Customers: 19662
Experience: Lawyer
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