PLAINTIFFS MOTION FOR SUMMARY JUDGMENT

IN THE _______ COURT OF ________ COUNTY

STATE OF XXX

 

XXXXXPlaintiff,

                           

                            vs.

XXXXX

Defendants

 civil action No.: _________

 

PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

Plaintiffs move this Court, in accordance O.C.G.A. § 9-11-56, for summary judgment against Defendants on the grounds that there exists no genuine issue of material fact and Plaintiffs are entitled to judgment as a matter of law based on the pleadings and any other exhibit on record.

ARGUMENTS

“To prevail at summary judgment under O.C.G.A. § 9-11-56, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law.” O.C.G.A. § 9-11-56 (c).

“Once the movant has made a prima facie showing that it is entitled to judgment as a matter of law, the burden shifts to the respondent to come forward with rebuttal evidence.” Kelly v. Pierce Roofing Co., 220 Ga. App. 391, 392-393 (2) (469 S.E.2d 469) (1996).

In the instant action, Defendants sent Plaintiff Demand for Payment of Debt. On February 22, 2023, Plaintiff reviewed the Car-Note associated with Plaintiff’s account and found errors that indicate possible fictitious use of language, which led to Plaintiff mistaking the facts on the document. Plaintiff then decided to rescind the signature from the Car-Note effective immediately. Consequently, in response, Plaintiff sent documents to the Defendants on May 2, 2023, seeking a discharge of the debt owed by Plaintiff as recorded in the security agreement [09091992-CSH-SA] and Plaintiff’s UCC-1 financing statement [20222109294] filed at Secretary of State of [Georgia]. The documents included:

  1. Executor Notice #1002
  2. Copyright Notice # 09091992-CSH-CLC
  • UCC-1 Financing Statement # 20222109294
  1. Notification of Record
  2. Affidavit of Reservation of Rights
  3. Legal Notice & Demand and/or Fee Schedule
  • Conditional Acceptance for Value Proof of Claim
  • Accepted For Value Stamped Bill/Presentment
  1. Public Servant Questionnaire (PSQ)
  2. IRS Form W9
  3. Notice of Rescission of Car Note Signature
  • Instructions to Tender Payment

The Conditional Acceptance document states that “no reply is a reply”. Specifically, the document provided thus: “should you fail or refuse by non-response to provide ‘Proof of Claim’ within the time specified in this private matter, general acquiescence and acceptance will be taken on your part as formerly exercised (performed) pursuant to your silence.” Defendants having received the documents from Plaintiff, there has been no communication in response from the Defendants.

Further, under U.C.C. 9-210, Defendants have a duty to respond to a Request for Accounting, Request regarding a list of collateral, or Request regarding a statement of account.

Since no reply amounts to a reply, and the Defendants has not responded to Plaintiff’s documents, which are attached with this Motion as evidence, the account needs to be discharged.

WHEREFORE, Plaintiff moves the Court to grant this Motion and:

  1. Grant all prayers in Plaintiff’s Complaint.
  2. Discharge any and all accounts on Plaintiff’s name.
  • Allow Plaintiff to provide admissible evidence that the “strawman” named on the complaint is exactly the same as you (the living man/woman).
  1. Allow Plaintiff to provide a witness who will sit on the witness stand and provide admissible evidence that you (the living man/woman) are dead.
  2. Require that the Plaintiff provide the name and contact information of a witness who will sit on the witness stand and testify that someone other than you are the beneficiary of any money that the courts will make from the case.
  3. Require a witness who will testify that the Judge, and the prosecutors are NOT trustees whose role is to pay and settle any money or jail time owed by Plaintiff if Plaintiff loses the case.
  • Grant any other relief this Court deems just.

Respectfully Submitted,

DATED: __________

___________________________

Cherica-Shabell: Hobbs-Avery.

℅ 1648 Wycliffe St Unit E

Augusta, Georgia, [30904-5237]

Plaintiff, pro se

 

IN THE _______ COURT OF ________ COUNTY

STATE OF GEORGIA

 

Cherica-Shabell: Hobbs-Avery,Plaintiff,

                           

                            vs.

CURT SIDDEN, AMERICAN CREDIT ACCEPTANCE LLC,

Defendants

 civil action No.: _________

 

STATEMENT OF MATERIAL FACTS

Plaintiff files this Short, Concise Statement of Material Facts pursuant to Ga. R. Super. Ct. 6.5. Plaintiff states as follows:

  1. Defendants sent Plaintiff Demand for Payment of Debt.
  2. On February 22, 2023, Plaintiff reviewed the Car-Note associated with Plaintiff’s account and found errors that indicate possible fictitious use of language, which led to Plaintiff mistaking the facts on the document. Plaintiff then decided to rescind the signature from the Car-Note effective immediately.
  3. Consequently, in response, Plaintiff sent documents to the Defendants on May 2, 2023, seeking a discharge of the debt owed by Plaintiff as recorded in the security agreement [09091992-CSH-SA] and Plaintiff’s UCC-1 financing statement [20222109294] filed at Secretary of State of [Georgia].
  4. The said documents included: Executor Notice #1002, Copyright Notice # 09091992-CSH-CLC, UCC-1 Financing Statement # 20222109294, Notification of Record, Affidavit of Reservation of Rights, Legal Notice & Demand and/or Fee Schedule, Conditional Acceptance for Value Proof of Claim, Accepted For Value Stamped Bill/Presentment, Public Servant Questionnaire (PSQ), IRS Form W9, Notice of Rescission of Car Note Signature, and Instructions to Tender Payment.
  5. The Conditional Acceptance document states that “no reply is a reply”. Specifically, the document provided thus: “should you fail or refuse by non-response to provide ‘Proof of Claim’ within the time specified in this private matter, general acquiescence and acceptance will be taken on your part as formerly exercised (performed) pursuant to your silence.”
  • Defendants having received the documents from Plaintiff, there has been no communication in response from the Defendants.
  1. Under U.C.C. 9-210, Defendants have a duty to respond to a Request for Accounting, Request regarding a list of collateral, or Request regarding a statement of account.
  2. Since no reply amounts to a reply, and the Defendants has not responded to Plaintiff’s documents, which are attached with this Motion as evidence, the account needs to be discharged.

 

Respectfully Submitted,

DATED: __________

___________________________

Cherica-Shabell: Hobbs-Avery.

℅ 1648 Wycliffe St Unit E

Augusta, Georgia, [30904-5237]

Plaintiff, pro se

 

CERTIFICATE OF SERVICE

This is to certify that I have served a true and correct copy of the Motion for Summary Judgment upon parties of record by U. S. Mail with proper postage affixed thereto to insure delivery as follows:

[ENTER ADDRESSES OF DEFENDANTS]

DATED: __________

___________________________

Cherica-Shabell: Hobbs-Avery.

℅ 1648 Wycliffe St Unit E

Augusta, Georgia, [30904-5237]

Plaintiff, pro se

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