Does anyone think this is weird?

[rooster0330]

I was served with a summons, I sent my answer back June 6, they sent me interrogatories on JUne 10, I sent them back July 14, I sent my interrogatories to them July 13. Our court date is September 14. They have until August 13 to answer my interrogatories to them. I really thought by now they would have filed a motion for summary judgment. I have received nothing, although I am waiting.

I thought they would have sent their answers back to me asap and filed the MSJ. I cannot imagine that they are going to let this go to trial. Does anyone have any comments about what is going on here? or maybe someone has had a similiar experience.

I am just really surprised that it has gotten this far. FYI, it is a JDB, never even listed the original creditor. Any words of wisdom would be greatly appreciated.

[bcohen]

Maybe they do not have/cannot get the information needed to prove their case, so they are going to drop the matter. Or perhaps they are contacting the OC in order to obtain additional documentation.

[rooster0330]

Thanks!!! I am thinking they are trying to get the original paperwork too, it is a wamu account sold to Chase! Its over 2 years old! So, they may be taking longer to get it!

[frogger]

The JDB bought a computer disc or a download. It's hard to go to court with only that and win.

[rooster0330]

Having bought only a disk or download, does that mean they are trying to get the information from the OC or they don't have the info and can't get it...Also, if they can't get the info, do they just forget about it or do they keep trying to fight!?!?!?

[treehugger1]

The account was not sold to Chase. JP Morgan Chase acquired WAMU after the initial financial meltdown. Since it is Chase, it is no surprise that the account was sold to a JDB who sued you. It could be that they do not have any documentation, given WAMU's apparent record-keeping skills.

If you understand how to file motions under your own rules (local and otherwise) of civil procedure, why not file your own motion for summary judgment? This will either get their attention, or they will simply not even bother you any longer. I'm just thinking out loud.

[rooster0330]

If you understand how to file motions under your own rules (local and otherwise) of civil procedure, why not file your own motion for summary judgment? This will either get their attention, or they will simply not even bother you any longer. I'm just thinking out loud.

I was thinking about filing a MSJ, on my own, but to be honest, they are quiet and I would like to keep it that way. We have a court date in September, so they would need/have to do something by then. I am seriously doubting they have the paperwork that they need, because I think they probably would have sent back their answers to my interrogatories and filed their own MSJ right away. I keep hoping to get a letter that they dropped the suit (I know highly unlikely, but I can dream).

[catleg]

I would definitely start working on the MSJ, it's time for them to put up or shut up. File it August 15. Mess up somebody's vacation. They have only 10 days to respond.

[frogger]

Having bought only a disk or download, does that mean they are trying to get the information from the OC or they don't have the info and can't get it...Also, if they can't get the info, do they just forget about it or do they keep trying to fight!?!?!?

Once again, another example of the "spray and pray" method of filing suit. 99.99% probability that the JDB has no documentation, only the file transfer (or disc/download) and that's what they are collecting on. As to them getting the backup documentation to support their claims, it is "do-able", but very doubtful, as the left hand does not know what the right hand is doing.

Most people just let it go to a default judgment and that is where they mess up.

And... as a sidenote, in our local courts, even if the defendant does not show, the judges do not automatically grant defaults. The plantiff must present their case to the judge, showing documentation. That's the way it should be!