California  |  Credit and Debt Law

Legal Question

Asked on: 3/15/06, 9:08 pm

Credit Card Company's Motion Summary Judgment - Granted

Major credit card company sued me for 13K in CA state court. I represented myself pro per. On 1/6/2006 judge granted company's MSJ. Is there any way to overcome this judgment (vacate, set aside, reconsideration, etc.). The MSJ included monthly statements and an avidavit from a CC company employee stating they mailed me the monthly statements and she stated I never disputed the charges. However, I was signed up to receive my statements on the internet (so obviously they never ''mailed'' me anything), and after going 60 days late on my account they denied me access to view my monthly statemnts online. On the statemnts submitted as exhibits it is obvious that the statements are ''true copies'' of statements I received (3 of the statments didn't even have my address on them). The reason I didn't respond to the MSJ was the copy I received was not signed by an attorney and knowing what I know about the case I thought the attorney was just trying to scare me. Also wanted to know if I can't overturn the judgment what about TILA violations against CC company for not providing monthly statemnts as required by law. Thanks.

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