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Letter From Attoney - went to court today - followup
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Posted by Frustrated Debtor
(66.153.144.111) on June 14, 2004 at 13:54:16:
Well, last week I posted a message about a letter received from an attorney to ammend summons and a get a summary judgment, with only a few days for me to respond properly. (letter dated 3rd, postmarked 7th, received on 10th for court on 14th). This matter had already been before the court, and was dismissed over a year ago for, at that time being passed SOL.
My replies had been properly sent out, and even brought a set directly to the court house for timestamping.
Court was this morning. The attempt of the attorney was to transfer ownership of the debt from Sears to Sherman Acquistions - which the judge granted provided no other changes were made to the summons, contrary to my objections. In addition, the attorney wanted a summary judgement against me, which was not allowed, as it was not on the schedule - Sure bet though, had I not been there, the judgment would have been granted.
In addition to my objection for the attorneys motions, I to requested a Summary Judgment for Dismissal with Prejudice and sanctions for abuse of process and filling a frivolus and meritless claim was NOT considered as it was not on the schedule.
Well, looks like a brewing battle - I am sure there will be an attempt to reset the clock with the change of ownership, I do not beleive an attempt to not properly serve papers again will be tried.
Time to brush off the law books, file complaints with the FTC, The South Carolina Bar Association, Better Business Bureau and see what I can do against them now in Federal Court, to stop this now, once and forever.
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