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Posts posted by Squibber

  1. hI feel good about the SOL.  From Shellieh98's post....  I'll be looking for cases on that today...wouldn't they have to actually provide a signed contract to claim it's written?  


    Would a general denial (there isn't enough information in the pleadings) and affirmative defense of SOL be my best avenue at this point?  

  2. OK, back from the courthouse.  It is the same alleged account.  The previous case was dismissed for lack of prosecution (without prejudice).  Citi motioned for reinstatement, but was denied, as they waited too long.  DebtZapper's link confirms that they can re-file the case, and SOL not affected.  


    "In sum, in the present case, the dismissal without prejudice under Rule 1-041(E)(2) simply left the action as though it was never filed and thus immune from a later determination that the same dismissal was, instead, with prejudice and with res judicata effect. The denial of reinstatement could not, and did not, transform the dismissal without prejudice into a dismissal with prejudice. Nothing, including a failure to appeal, prevented Plaintiff from filing a second action, although the second action was subject to any applicable statute of limitations. "


    The previous case included an affidavit, and a statement from 11/23/2011 to 12/23/2011.  It has obviously been longer than the 4 years SOL for an open account.  If Citi provides a contract, the SOL is 6 years.  There was no signed application or contract attached to the previous complaint.  




    I am making a list of attorneys to call if this gets too complicated...  



  3. I received nothing other than the complaint and the Mandatory Referral to Arbitration...It's a different law firm this time.  The former firm was Ferill and Seldin, (spelling?) but if I recall, Citi dropped them a while back, which was during the time that the default judgment did not get filed.  Maybe all the documentation is still with the former firm.  



    I have nothing to go on until I go pull the other case.

  4. Thanks, both of you.  I'll be reading up on the rules and procedures over the next few days.  They've attached nothing to this complaint, no dates, no statements, no contract or application.  Recommendations on a MTD or Answer and deny? Is  Res judica in play because they're basing this claim on the same transaction(s) as the first claim?  

  5. Hello All, I am soliciting the expert advice in this forum for a bit of help with a recent Complaint with Citi


    A bit of background, They filed a similar suit over a year ago, which resulted in a summary judgment, that never got filed, and with a bit of luck was dismissed for lack of prosecution.  My attorney botched this up, didn't file responses in time, and lost to SJ.  They tried to reopen, but was disallowed.  They have attempted to pick up where they left off, and have filed a new complaint for Debt and Money Due.  Thanks to all!


    1.  Who is the named plaintiff in the suit?  CITIBANK, NA


    2.  Name of the firm handling suit?  The Moore Law Group, APC


    3.  How much is the suit for?  <15k


    4.  Original Creditor?  CITI


    5.  How do you know you are being sued?  Summons


    6.  How was I served?  In person


    7.  Was the service legal?  Yes


    8.  What was your correspondence before being sued?  (see my opening statement)


    9.  What State and County?  New Mexico, Bernalillo  DISTRICT COURT


    10.  When was the last time you paid on this account?  I am unsure, however it is either very close, or past 4 years.  


    11.  What is the SOL on the debt?  In NM, written contracts is 6 years.  Open accounts is 4 years.   (if they have the original signed contract, it is considered written)


    12.  what is the status of the case?  Was served a little over a week ago.  No answer or motion in response filed yet


    13.  Have you disputed the debts on the CB's?  No


    14.  Did you request Debt Validation?  No


    15.  How long to respond to suit?  I believe 20 days for MTD, and 30 days for Answer






    Rediacted Complaint scan.pdf

  6. Hi all, first post, but been reading forever.  Need advice.  I have a solid appeal on the finding of Summary Judgment on my mortgage.  (New Mexico)  3 recent NM Supreme Court cases, have recently come out, and mirror my main argument, that the court erred because there was no evidence of standing at the time of the complaint.  (The note provided as evidence wasn't indorsed)  



    However, now that I've appealed, the Plaintiff, DB has just filed a Notice of Sale.  I have already filed the Notice of Appeal, and Docketing Statement, and waiting for the case to be calendared.  Need advice, and/or suggestions.