We have gone through discovery and the plaintiff has not provided any real evidence of that they own the debt and have the right to sue me. They have an affidavit from a girl who works for them saying she confirms the debt is mine, they show that they bought the debt from the OC with a file sheet that has no specific info, ie: cc or account number. They also in discovery provided the debt validation letter they say they mailed, yet it was to an address I have never lived at. They provided a CC agreement that is copied at 25% and is illegible. My defense is that they have not proven that they bought the alledged CC debt from the OC, that they have a right to sue based on the original CC agreement, and that they sent me a debt verification letter. How do I format this?
You have done a good job, but you will have to HIRE an attorneyif you want an answer drafted for this motion. It would be too much detail for this format. There is a difference between legal guidance and legal work, you appear to be asking for legal work. Depending on the amount of the suit, it may be a good invesment. Best Wishes.
The first answer is correct. On this type of forum we could tell you to raise issues of fact in the response, but how to present those properly is dependent on the motion and the suit. The way most of these debt suits are resolved in the plaintiff's favor is that the suit is ignored or the summary judgment motion is not responded to appropriately. If there is no appropriate and supported response, the plaintiff is likely to get their judgment against you. If this is truly an improper suit, you are probably going to have to hire an attorney to beat the plaintiff.
This answer is for general purposes only, and it does not create an attorney-client relationship.
At this point you need an attorney. You may possibly be able to seek a summary judgment yourself. The wording and drafting of pleadings would require a review of all the documents already filed in the case,
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