I was in court all day Tuesday at a motions hearing that I asked for on my “motion to dismiss” and Motion for Sanctions and Legal expenses” this involves a credit card company or should say a debt collector that now has the debt by the name of “Unifund CCR Partners” and the card was originally “Citi bank” or AT&T. It has changed hands over the past 4 yrs. As I have said in past post I have put them in default and put that in the records but it seems no one seems to care.
They state in their complaint "the 3rd claim!" and I quote “ Plaintiff states that it should recover against the defendant on the basis of “quantum merit and /or quasi-contract in that Plaintiff are not yet compensated for goods and/or services received by the defendant I told the judge that they had no claim for damages there fore no case. He then read this claim!
The Judge ask the atty who was standing in for the one that brought the suite, I objected but the Judge said he wanted to get the motion ruled on as soon as possible, anyhow the judge after reading my "motion to dismiss" and "motions for sanctions and legal expenses" actually asked the atty if she wanted to dismiss the suite. She said that she couldn't. So the judge said he would not grant my "motion to dismiss" and had his secretary call the atty. that brought the suite and told her to be in court on the 17th of Jan and answer why she did not follow a certain rule of procedure and that he would rule on my "motion for sanctions and legal expenses" after she appeared on the 17th. It seemed that he was helping the other atty. because she messed up on answering some of my request for admissions, and I used them against her in my motion to dismiss. It was very weird !!!!!! The atty. "who brought the suite" he asked if she was really an atty.! I think if I had put in a "motion for summary judgment" I would be in really good shape!
Should I or can I file a motion for summary judgment before going to court on the 17th?
On the mediation “order” that I received in the mail a few days before going to court, it was not "even" brought up! It was like no one knew about it or it was just smoke to keep me from court! I didn't mention it!
Like I said the atty showed up and told me that "Unifund CCR Partners" who I am sure bought the debt ask her to take over and that they did not want Ms Best the atty who brought the suite against me for Unifund! to present them.
I hope that I am stating all of this right! or am giving enough information! if not please let me know!
(Doug from North carolina)