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Hello -I am being sued by Capital One, although I believe the true plaintiff is the attorney, who is a well-known junk debt buyer. Prior to the suit, I repeatedly asked for a Bill of Assignment, showing that the attorney is legally authorized to collect the debt on behalf of Capital One. However, they ignored my requests and instead just filed suit. We just finished exchanging disclosure statements, and now they've sent a Motion for Summary Judgment. My question is this: Rather than responding to their MSJ, I would like to simply file my own Motion for Dismissal, citing that they haven't satisfied the requirement of proving the assignment. My hope is that my Motion for Dismissal will essentially "cancel out" their Motion for Summary Judgment. Is this a feasible approach?Thanks in advance for your help!
Optional Information: Country relating to Question: United States
Welcome and thank you for your question!I am sorry to learn of your experience. Actually, you have to do both. You have to file a response in opposition to their MSJ and file a separation Motion to Dismiss.The answer is that you cannot do either/or. You have to do both if you want to protect all your legal bases.It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things. What are your options now?If you wish to continue this conversation, click on the Continue Conversation link. If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.IF you feel the need to click either "Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek. Thanks, ~~ J.B.
Thanks for your quick reply. Okay - but my understanding is that the "statement of facts" (which is just a bunch of copies of bills) in the MSJ are really hearsay until proof of ownership is established. So, rather than arguing the validity of the "facts" at this point, can I use the hearsay argument to respond to the MSJ?
Yes, you can use that argument in the MSJ response. Absolutely.What are your options now?If you wish to continue this conversation, click on the Continue Conversation link. If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.IF you feel the need to click either "Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek. Thanks, ~~ J.B.
Experience: Explains legal matters based on 14+ years experience.