I'm [Music] back. Testing. [Music] Testing. Sorry. Right. Um, hello. I'm uh rather new to video dating, but I hope this tape will give you a good peak peek peek at me and what I'm like [Music] straight. What I'm [Music] like straight away, let me tell you about myself and my favorite [Music] hobby, girls. My favorite hobby girls is golf and I also like to fish skate to fish to skate to uh wind surf cook Chinese stamps um collecting pottery read write wrestle run row and I like to make lists. really fun to have around cuz if I see something amusing, I'll make a joke about it as quick as that. Flash. But don't worry, if you have a date with me, you'll soon want to be in bed most of the time. Most of the time, we'll go to discos because that's when I'm in my vest late at night. uh at my best. Late at night, I get quite excitable. So, if you'd like a date with me, send your tape through the agency. And I do hope to meet you and don't mention big tits. Welcome to Facts or Frauds. All right. The distinguished Mr. Andrew Perry is be here on behalf of Midland Credit. And um as I said, each one of these is a bit of a wrinkle. This is another motion to set aside a default. Um the default judgment entered in this case in the amount of 1,55362 uh for Midland credit against Mr. Kuscard. That was entered on November 25th. Was also set for a summary disposition hearing and I granted summary disposition as well as the default. Uh the defendant had no uh defense and summary disposition was appropriate. The defendant filed a motion to set aside the default. Um but it was actually also a summary disposition. Mr. Perry, what's your position? Um my position, judge, is that um Mr. Kuscard didn't properly file a request to set aside the summary judgement. And I think that's the real issue uh today uh for today's hearing is whether Mr. Kuscard um pled a request to set aside the summary judgement which I don't believe he has. Mr. Kusgard, one of my burdens as a judge every week is to explain to lay people what summary disposition means. Uh, you got sued in this lawsuit. The complaint was filed in March of 2024. You filed, it took a while for them to serve you, but you filed a very brief answer in June saying, "I deny responsibility of owing this debt." Then you filed a little more expansive uh general denial where you denied everything. All right, that gets you past the default, but it doesn't get you past a motion for summary disposition. Um, a motion for summary disposition that they filed says there is no material issue of fact and the defendant has not stated any defense. uh they filed a history of the bill of sale and a and a charge history regarding this credit card. So we had a hearing. So two things. If you had shown up, I would have found probably summary disposition for the plaintiff, but you didn't show up for the hearing. So uh I found summary disposition was appropriate. probably shouldn't check the default box. Um, so a couple things. Why didn't you show up for the hearing and in order to set the default aside? You have to set forth a material defense, meritorious defense. So your materious mater excuse me defense says you were less than 18 years of age which is not correct. Um you were born in 1971 so you weren't a minor when this contract was entered. Um the contract is void or voyable because we did not have a meetings of the mind. No wet signature. That's not valid. You had a history of charging things on the credit card and paying the charges. Uh they don't need those things. I should not have to pay this debt. The complaint is missing key elements, which is also incorrect. So um so there is no meritorious defense and I don't know why you didn't show up for the hearing in November. So Mr. Cuscard, what's your position? Well, um, my position is that, um, I was having technical difficulty difficulties with with the Zoom. You know, I'm not one of those techn savvy people when it comes to tech stuff. And again, go ahead. And like I said, you know, I couldn't connect with the Zoom. Um, and as far as like the meetings of the mind thing, like I I I went through the packet that was sent to me that I eventually got and and I I don't see my signature anywhere in there. Well, you don't have to have your signature in there. And you have a history of charging things on the card and then paying the charges. Your honor, you keep saying that I you don't know that was me. I'm saying that I've I have been a victim of for so and and again and and and I do have a Capital One account but but it's not that account. Well, they sent numerous bill monthly bills to your address that was in place in Kazoo at that time. Um so there is a fundamental issue. uh you moved to set aside the default but you didn't move to set aside the motion for summary disposition. So summary disposition would enter and did enter because there is no material issue of fact and you did not state any defense in your answer. You just stated a general denial. So summary disposition entered. In addition, you didn't show up. And then sometime after that, let me see when you filed the motion. Uh the order entered November 25th and you filed a motion to set it aside on um December 9th. So it was within 21 days of the entry of the default. But I don't know what to say about technical difficulties. Uh people have them all the time. People do have the right to just come into the court and and your honor. So legislating technical difficulties is a legitimate reason. You still haven't stated a valid defense that you owe the debt. So So excuse me, Judge M. the the um very first court date I had, I showed up to the court, right? And whatever it went, however it went. And you know, that day I was informed, hey, you didn't have to come all the way down. You could you could you could have done this by Zoom. So, I tried that the second time and it didn't work for me. And like like I I again the whole wet signature thing and and and not uh the plaintiff's not presenting that that I thought that was a relative defense. Well, maybe in 1906 you had a a wet signature. In the current era, things are all done electronically and you pled in bad faith that you were 17 years old when this was No, no, I didn't. I didn't say 17. I'm not 17. Well, you said you that you weren't a minor. You were a minor when you entered into this. Oh, that must have been a mistake, man. I'm And so then secondly, uh there is no such thing as a wet signature. I'm not sure if you read that on the internet or somebody told you that. That's not a thing. Summary disposition entered. You filed an answer that said, "Hey, I don't owe this debt." Yeah. Exactly. And then you filed a more expansive answer that said, "Hey, I don't owe this debt." Um, all right, man. That's that's not a defense. Okay. Um, so for the reasons stated on the record, the motion is denied. Again, I don't have to like this. Yeah. Um, just uh I guess it's my own fault. I just should have just checked the summary disposition box because this was summary disposition. Yes. Even if Mr. Cuscard appeared at the pre-trial and our motion for summary disposition, he failed to file a written response to our motion. And when we file a C10 motion, judge under um G4, he's required to file a response and allege an issue of fact for trial, which he failed to do. So he didn't even do the first part and he didn't show up. So I would argue, judge, that even if Mr. Cuscard appeared at the hearing that was set for motion for summary disposition. He didn't meet the requirements of G4 and raised an issue of fact for trial. So that was that earlier. You stated it more eloquently. Even if you had showed up, Mr. Kuscard, you would have lost and you did lose because I entered a summary disposition motion. So you owe this debt. I don't have to like it, but your motion for summary disposition is denied. Well, I I I got something to say. I I have something to say, man. And all these all all these predator uh uh collection companies, man, your honor, man, taking advantage of people who have no knowledge of the law. Now, that's that's the real issue. Well, I guess I don't have I said I tell you I don't have to like it, but that is what the law is. I don't just pull out of the hat buying buying buying pennies on a dollar. Good luck. All right. Uh, Mr. Perry, I've signed the order denying the motion to set aside default. Uh, because it's a summary disposition is still in effect. Summary disposition stands. Thank you, George. It was it was good to see you. Have a have a great day. Hi. Well, that's just about it. 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