In May I received the complaint, I responded requesting more documentation( I requested a copy of the signed cardholder agreement.), they responded by sending the same documents they had sent in the complaint but not the ones I requested(All they provided were copies of statements and an agreement printed from the web that was not signed. Also, on the statements it says "cardmember since 2008" but the time/date stamp on the unsigned agreement that they supplied has a date of 12/15/2009).
Now I have received a motion for summary judgment. I would like to get a continuance as someone previously suggested so that I can perhaps talk to an attorney but don't know what to say or how. Can someone help?Court date is tomorrow at 930am EST so I need help soon
At this late point, I think you simply ask the Judge to continue the case so that you can try to consult with an attorney. Whether that request would be granted will depend on several factors, not the least of which is how long you've known about the motion for summary judgment. I think you posted a prior question on these facts and were already told that an unsigned agreement is not going to be very useful in opposing summary judgment if there are other documents evidencing having used the credit card and therefore owing Discover. I would not be too optimistic on getting a continuance so you probably should be preparing yourself to make some kind of argument that the motion for summary judgment should be denied. The lack of a signed cardmember agreement is not likely to work. A genuine dispute as to the amount of debt owed, whether the statute of limitations passed before you were sued, or whether you are even in default might be sufficient, but those are issues you really should have explored much sooner, with the assistance of an attorney. If your request to continue the case is not granted and if the motion for summary judgment is granted for Discover, then you ought to immediately consult with an attorney to see if there are any appeal issues (and if not, then you probably should at least consult a bankruptcy attorney to see if that's going to be something worth pursuing). Unfortunately, you really have waited far too long to start working on getting professional assistance with defending the case. If you are granted a continuance then RUN don't walk to a local attorney knowledgeable in defending credit card cases. You can use the "find a lawyer" tab here on Avvo to look for an appropriate attorney for a consult in your local area. Here are some links to some information that may or may not be very useful for you to look over before you head to court tomorrow:
I want to also note that your options may be extremely limited in opposing Summary Judgment depending on whether you filed an Answer to the lawsuit and what, if anything, you stated in that Answer.
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