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motion for summary judgment
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Posted by lost in OK
(69.8.19.73) on September 17, 2003 at 08:26:11:
I am being sued by Direct Merchants Bank. I was served a summons, in which, I filed an answer, an affirmative defense and a notice of appearance. As my answer to the summons I stated that I denied the statements in the petition filed by the Plaintiff. As part of an affirmative defense, I stated that the interest rates shown in the Plaintiffs filed claim to be in violations of OK statues. I then received by certified mail a interrogatories and request for production of documents. I had 30 days to answer these questions. I did not answer. On the summons it stated that if i dispute the debt and or request the name and address of original creditor, all collections efforts would cease until we send you the requested information. I received NO verification of debt. Nothing other then the interrogatories. I didn't not answer because they had not filled their task of sending me information. Now, they have filed a motion for summary judgment based on the fact that I did not answer the interrogatories and that with this basis there is no dispute to the suit. Can I reply to this claim by filing an answer to the motion for summary judgment? If the Plaintiff was suppose to send information based on my filing an answer of dispute, are they not liable for not fulfilling their part? Help me. Thanks in OK.
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