LaneBlane

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  1. Was the car purchased at a dealership? If so, the dealership may be able to provide a copy of the agreement. If they didn't retain a copy for their files, they may be able to provide a "blank" copy of a 2016 agreement that will include everything but your friend's information and the specific details regarding the vehicle and loan details.
  2. If the JDB has an attachment to the Bill of Sale, it may or may not include an account number. If it does, you just need to be certain it matches the number on your statements. If there's no match, or if they don't include an account number, the fact that you had three loans with BofA should help you. At this point in time, I believe your next step is an Objection to the Motion for Summary Judgment. I provided some information on this earlier. You just need to look for examples (Google) where defendants used their Objection to the MSJ to raise a lack of standing claim. Standing:“is the legal right to set judicial machinery in motion. One cannot rightfully invoke the jurisdiction of the court unless he [orshe] has, in an individual or representative capacity, some real interest in the cause of action, or a legal or equitable right, title or interest in the subjectmatter of the controversy.” Electrical Contractors, Inc. v. Dept. of Education,303 Conn. 402, 411, 35 A.3d 188 (2012). There is also the option of filing a Motion to Dismiss. Here's some info on that: https://www.jud.ct.gov/lawlib/Notebooks/Pathfinders/Dismiss.pdf You would need to so some research (Google) to find out if other defendants have filed an Objection to the MSJ in conjunction with a Motion to Dismiss. All of this is foreign to me, so I can't provide you with any personal knowledge or direction. I would also recommend searching the threads here for information on other cases in Connecticut.
  3. Great! Would you happen to have any statements or bills on this loan, or anything that reflects an account number? Did you have other loans with BofA at the time? Lastly, did your loan agreement allow BofA to assess late fees?
  4. This link includes some very useful info on MSJs in CT. Opposition to Summary Judgment: “Any adverse party may, within ten days of the filing of the motion with the court, file a request for extension of time to respond to said motion. The clerk shall grant such request and cause the motion to appear on the short calendar not less than thirty days from the filing of the request. Any adverse party shall at least five days before the date the motion is to be considered on the short calendar file opposing affidavits and other available documentary evidence. Affidavits, and other documentary proof not already a part of the file, shall be filed and served as are pleadings.” Conn. P.B. sec. 17-45(2017) You should file a request for extension right now while you figure out the next step. The next step may be filing an Objection to the Motion for Summary Judgment. More information may be found on page 12 of the pdf link below. Also, have you been referring to the CT Practice Book at http://www.jud.ct.gov/pb.htm ? https://www.jud.ct.gov/lawlib/Notebooks/Pathfinders/SummaryJudgment.pdf
  5. Hi, Jackie. Just so you know, Brotherskeeper and I have been doing some research for you. We haven't forgotten about this.
  6. You have to Google "Motion for Leave to Amend Answer" and throw in Connecticut to find some examples.
  7. Your Motion for Leave to Amend Answer should make a plea to the Court that justice requires the admission of your special defenses. If your Lack of Standing defense is allowed in, it should squash the Plaintiff's MSJ. You just need to be prepared in the event the Plaintiff is able to produce the Asset Schedule for the Bill of Sale. If they do, you may still have an argument because there's no affidavit from BofA.
  8. Don't "see about it" and run out and do it. Please ask for feedback here.
  9. How soon did you receive the exhibits before you filed your answer? If you weren't able to review the exhibits before your answer was filed because they were delivered a day earlier, you would be asking the court for leave to amend your answer in light of new exhibits provided by the Plaintiff. I really wish some regulars would chime in here.
  10. For the sake of saving time so I don't need to go back into your documents... Did you receive a copy of the Bill of Sale from the JDB with their complaint, or did you receive this after you filed your answer and received their MSJ motions? You would need to file a Motion for Leave to Amend Answer. I'd recommend searching for similar motions in Connecticut.
  11. I'm not sure what Connecticut law is. If you've exceeded the time to amend your Answer, you may be able to ask for the Court's leave. Some states' rules of civil procedure say courts should freely give leave when justice so requires.
  12. If it was a private deposition, it may be considered "work material."
  13. If the deposition in question was part of a court proceeding, it should be considered a public matter. Therefore, you should be able to subpoena a copy.
  14. OK... I have a new direction for you here that's very important. I went through the Memorandum of Law in Support of MSJ Your strongest defense at the moment appears to be Lack of Standing. As I wrote earlier… The Bill of Sale dated September 5, 2018, submitted by the Plaintiff as Exhibit B, is incomplete. It does not include the Asset Schedule that was attached and made part of the agreement. The Asset Schedule describes the loans, judgments, and evidence of debt that that were sold, assigned, and conveyed to the Buyer. In the absence of the Asset Schedule, Plaintiff lacks standing to bring suit against Defendant. In the Plaintiff’s Memorandum of Law in Support of the MSJ, they’re claiming you didn’t plead to any special defenses. If this is true, you’ll have to amend your Answer to rectify this. Any special defenses, including Lack of Standing, should have been included in your answer. The legal cases cited in the Memorandum of Law pertain to the fact that you didn’t include any special defenses. There’s also some case law supporting the granting of summary judgements. It's your typical mumbo-jumbo. Instead of looking for case law to support your position, I would read the documents pertaining to your own case. Knowing and understanding these documents, as well as the JDB’s position, is what’s really going to help you here. In my opinion, you need to revise your Answer so you can enter your special defenses. These would include lack of standing. You could also try a Statute of Limitations defense, even though your state may not recognize the state law that governs the agreement. I found a website that should help you: https://www.jud.ct.gov/lawlib/Notebooks/Pathfinders/Revise.pdf
  15. Here's a few things I noted after looking through the Affidavit in Support of Motion for Summary Judgment. I don't have much experience writing legal statements. I'm just trying to help in the absence of input from others. B 3 – They’re claiming you erroneously indicated your name was XXX. I’m still not sure what your position is on the agreement. You say it’s questionable. Why? Did you sign it? Is their copy not true and correct? B 6 – There’s your default interest rate. B 9 – The Bill of Sale dated September 5, 2018, submitted by the Plaintiff as Exhibit B, is incomplete. It does not include the Asset Schedule that was attached and made part of the agreement. The Asset Schedule describes the loans, judgments, and evidence of debt that that were sold, assigned, and conveyed to the Buyer. In the absence of the Asset Schedule, Plaintiff lacks standing to bring suit against Defendant. C – Plaintiff cannot establish Exhibit D is a true and correct copy of the account history. The origin of this document is unknown. If the document was created by the OC, the Plaintiff requires an affidavit. Defendant contends this information is incomplete and inaccurate.