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Motion for Summary Judgement


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Posted by Silly Sap (68.158.96.220) on October 03, 2003 at 16:07:56:

Today I received a copy of a motion for summary judgement, as some on here had suggested I might. The hearing date is set for 11/24. Here are the specifics of the case so far:

1. Original debt was on Amex card opened in the name of a company I used to be an employee at with my SSN as the primary.
2. I was not an officer nor owner at the company.
3. All of the charges were either business related, or made on the company owner's card (same account, different cardholder) for business owner's personal items.
4. Company out of business, and owner skipped town.
5. Received summons.
6. Answered with denial, but no affirmative defense.

I am really stuck here. Quite a mess. I am in no position to afford a lawyer. It is all I can do to pay the rent/electric and such. I have considered BK to rid myself of this, but I currently have a 25K debt on a CC that is in both mine and my ex-wife's name. While I can accept BK for me, I would not want to do that to her, although if I am going to BK, I will certainly shed that debt.

My question are, how do I ask the Judge permission to amend my answer? And...what points to make on my answer.


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