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vpredoehl · 06-20-2012, 10:31 PM

...on my latest front with the war on the banks, there is a lawyer who submitted a motion for summary judgement on my case, and I would appreciate clarification on how to answer it.

The first mailing I got from him was a "Request for Admissions," with questions like my name, address, etc. Also, a request for the documents representing payments I have made to US Bank and the names of witnesses I intended to call at the trial. All of this was baloney and I didn't answer.

A few weeks later, he submit a motion for summary judgement plus a new set of admissions that is more substantial. I will answer the admissions this time otherwise guilt will be assumed.

The last time I was able to get a motion for summary judgment dismissed, thanks to this forum, by objecting on the fact that there was no material fact witness present ( factual material witness? ). That is how I will probably answer the motion in addition to answering the request for admissions. Is this correct?

I don't think this matters, but this lawsuit is for a wayward checking account that has gotten out of control, not a credit card.

Thanks!!

Bruce Sloane · 06-21-2012, 01:10 PM

first, I would like to ascertain if the Lier,..er Lawyer, actually represents the real party in interest ...

vpredoehl · 06-21-2012, 02:42 PM

I would say yes. Unless U.S. Bank ( my old bank ) is different from U.S. Bank National Association ( plaintiff )

Bruce Sloane · 06-22-2012, 06:32 AM

(06-21-2012 02:42 PM)vpredoehl Wrote: I would say yes. Unless U.S. Bank ( my old bank ) is different from U.S. Bank National Association ( plaintiff )

You are speculating ... Confused

I would certainly ascertain whom the Plaintiff is exactly ...

What the Plaintiffs relationship to You might be ...

and that the Attorney actually represents such entity by agency

vpredoehl · (This post was last modified: 06-25-2012 01:51 PM by vpredoehl.)

ok, I see what is going on. I will have to make a phone call for that information. The court papers I was mailed by the attorney say the plaintiff is "U.S. Bank National Association."

"Represent such entity" by agency? Would the attorney be able ( and be trusted ) to verify that? Or the Court?

vpredoehl · 06-25-2012, 03:12 PM

(06-25-2012 01:48 PM)vpredoehl Wrote: ok, I see what is going on. I will have to make a phone call for that information. The court papers I was mailed by the attorney say the plaintiff is "U.S. Bank National Association."

"Represent such entity" by agency? Would the attorney be able ( and be trusted ) to verify that? Or the Court?

I have a hearing on Friday about the summary judgment. So if I don't appear and object, I will probably lose by default.

What should I say?? On what basis should I object??

vpredoehl · 06-27-2012, 11:26 AM

I should have posted a new reply instead of modifying the previous one. Anyway, I have a hearing in the honorable court of Lincoln, NE. I will be there to object to the motion based on the fact that there is no material witness. I will also submit the response to their request for admissions which consist of questions about the account … denying everything.

I'm not feeling so jittery as I was when I first posted, and feel somewhat confident in what to do. However, if someone thinks better what to do, I'm asking for your reply.

Thanks!! Wish me luck!!

NonEntity · 06-27-2012, 01:04 PM

(06-27-2012 11:26 AM)vpredoehl Wrote: Wish me luck!!

GOOD LUCK!

- NonE

vpredoehl · 07-04-2012, 09:07 PM

WOW

I am back from court. It seems the lawyers play the same trick on everybody. While I waited for my name to be called, there was no less than 10 summary judgements granted because people didn't bother to show up.

To imagine that goes on every day just blows me away.

I managed to stop the motion on myself thank God. The song and dance I did for the judge probably helped too...

NonEntity · 07-04-2012, 10:35 PM

(07-04-2012 09:07 PM)vpredoehl Wrote: I managed to stop the motion on myself thank God. The song and dance I did for the judge probably helped too...

You're welcome! Tounge

Congratulations! Is it all over now, or is this just one speed bump in the subdivision?

- the Very Good NonE

WorBlux · (This post was last modified: 07-05-2012 03:40 PM by WorBlux.)

(06-27-2012 11:26 AM)vpredoehl Wrote: I should have posted a new reply instead of modifying the previous one. Anyway, I have a hearing in the honorable court of Lincoln, NE. I will be there to object to the motion based on the fact that there is no material witness. I will also submit the response to their request for admissions which consist of questions about the account … denying everything.

I'm not feeling so jittery as I was when I first posted, and feel somewhat confident in what to do. However, if someone thinks better what to do, I'm asking for your reply.

Thanks!! Wish me luck!!

We should get together and have a drink if your into that sort of thing. (I'm assuming you live in Lincoln)

Bruce Sloane · 07-05-2012, 05:45 PM

(07-04-2012 09:07 PM)vpredoehl Wrote: WOW

I am back from court. It seems the lawyers play the same trick on everybody. While I waited for my name to be called, there was no less than 10 summary judgements granted because people didn't bother to show up.

To imagine that goes on every day just blows me away.

I managed to stop the motion on myself thank God. The song and dance I did for the judge probably helped too...

You need to go back, and ascertain the Facts that pertain to my questions ...