Plaintiff knowingly used false statement in Motion For Summary Judgment – How can I use this?

Question

I received a Motion for Summary Judgment (MSJ) for an old credit card debt. The case was filed last March, but the Discovery process just now ended. I already know how to write my Opposition to MSJ and have tons of evidence to back it up.

What I’m asking is this…

One of their main arguments in their MSJ is a completely false statement – and I can prove that they KNOW it’s false. Because they know this to be an untrue statement, they are essentially lying in their motion to the court. Is this considered perjury, or is that a far-stretch?

They are claiming that I (the defendant) had never disputed the debt prior the filing of the summons, and therefore it’s seen as admitting to the debt and balance due. They further state that my failure to dispute the debt means that no issues of material fact exist and therefore the MSJ should be granted in their favor.

However, I actually DID dispute the debt via certified mail on SEVERAL occasions, to both the current CA and two prior ones. Not only that, I’ve continued to dispute the debt throughout the course of this suit. They are fully aware that I disputed this debt, before and after the summons.

In their response to my Request For Admissions, they admitted to receiving at least one of the dispute letters and even referenced that same letter in their MSJ and an accompanying affidavit. I also have the certified mail return receipt showing that it was signed by their office. The letter specifically says that it was a “formal dispute” of the debt and that I was requesting debt validation under the FDCPA. Their answer to my DV request was this lawsuit, more than a year later. Not to mention that I sent them (and the court) copies of each letter during the Discovery process.

That’s more than one piece of evidence proving that they know I did indeed dispute the debt prior to the summons, and yet they said I didn’t in their MSJ.

I have enough evidence to likely get their MSJ denied anyway, but need to know the legalities of them knowingly using a false statement in their MSJ. Maybe I’m off track, but I’m thinking it could be a big deal.

Answer 1

You are obsessing unnecessarily. Perjury, real or imagined is not your concern so, yes, it is 'far-fetched'. What you actually said in you initial answer to the complaint and which rights you asserted are most important. If you fail to prevail, appeal and the clock will reset. RJ

Answer 2

All examples of 'bad thinking' are wrong, but unavoidable. The lying is offensive to god, but deliberatly misleading someone is just bloody offensive. Even the act of using the parts of an argument and discounting the rest, whilst not actually lying, are used as false wittiness. Take a 'medium' program, the edited highlights showing a tearful woman being told what seems like precise readings has a more visceral impact than a more well constructed show of a debunker on another show who tears apart the techniques of the medium. I would also count 'miracles' as examples of bad reasoning, as in the chances of winning the lottery are very small, but the chances of SOMEONE winning the lottery are quite high, we usually only hear from the winner....by the same reasoning something statisticly amazing HAS to happen somewhere, sometime, or else THAT would be a miracle? circular argument: "why do you believe in god?" ""Because it's god's word" "And why do you believe in god" "because of what it says in the bible..." or, to say "I believe in god because I feel it" "so how do you know you aren't fooling youself?" "Because I KNOW that it's real" Unfortunately, a person cannot know everything, sometimes you have to take other people's word for it...though you should always do so with a pinch of salt.

Answer 3

Don't combine the apples with the oranges. Win your case first with your documentation. Then go see a consumer rights attorney in your area. There are multiple violations of the Fair Debt Collection Practices Act (at $1000 per) and probably other state laws, depending on your state. In addition the perjury aspect will put more money in your pocket, if you give the case to a good attorney, who should take it strictly on contingency, that is you pay nothing. On contingency the attorney gets 30-40 percent of the award.

Answer 4

Randy:

I am happy you responded via certified mail, its very important for good documentation. I too when thur this same proceeding. Remember the Judges or Judge can rule on their authority, and the truth be known, statute of limitations or filing time limits, both before and after a judgment or award

means very little. Most cases go before a arbitration board, depending upon which state your in, or

which state the credit card contract is in ? But you already said, they filed against you.

I hope they have your signed agreement ? Most do, but some don't, time is on your side Randy. My case took 7 years via 6 collection agencies & 3 law firms, until we finally went to court, and where the lone Judge ruled in my favor, I agreed to one judge, instead of 5.

Keep in mind your legal rights and available libraries in most court houses, look for pasted practices rulings or cases that favor your case and a decision, its called CASE LAW, and also look into your claim of lying under Fraud against you & the court ? Fight On - & Good Luck