Legal Question in Credit and Debt Law in California

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.

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

3 Answers from Attorneys

Douglas A. Crowder Crowder Law Center

Re: Credit Card Company's Motion Summary Judgment - Granted

The creditor has won the battle, but not necessarily the war. You still have some options:

(1) There is a chance, though a very small one, of vacating the summary judgment.

(2) Depending on your financial situation, and the mood of the creditor, it may be possible to negotiate the judgment down quite a bit -- or get a payment arrangement you can live with.

(3) If you have other debts, and if your situation is such that you have difficulty paying them, bankruptcy is a possibility.

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Answered on 3/16/06, 12:17 pm


Re: Credit Card Company's Motion Summary Judgment - Granted

You have some options: 1-reconsideraton motion if filed within 10 days; 2- possible 478 motion to have another opportunity to respond; 3-negotiate settlement; 4- bankruptcy. Obviously, you are not competent to practice law as most pro pers are not. Get representation immediately. Call me directly at 16192223504.

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Answered on 3/16/06, 1:58 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Credit Card Company's Motion Summary Judgment - Granted

Sounds iike the end of the road for your case. What's missing from your question is a non-frivolous reason why you don't owe the money. Something like, I was sleepwalking and somebody put a gun to my head and made me sign $10,000 worth of charge slips.

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Answered on 3/15/06, 10:24 pm

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