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BV80 last won the day on February 19

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About BV80

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  1. It looks like a standard complaint. When you prepare an answer, you could see if your rules allow you to answer allegations with “Defendant has insufficient information to admit or deny and, therefore, denies.” That could suffice since they didn’t provide an account number or attach any documentation.
  2. You need to read this case from the OR Supreme Court. Trying to adopt another state’s laws is not that easy.,38
  3. @Neveragain02 Are you being sued in small claims court?
  4. Is there another account for which you are being sued or are about to be sued?
  5. Is it possible that the defendant opened the account before 2009(when the arbitration provision was removed) and the plaintiff attached the agreement that was in effect when the account was opened? If so, arbitration could still be a possibility depending upon whether or not there is a survival clause in the provision.
  6. “Motions to strike are allowed only on the ground that the damages or relief sought are not supported by the allegations of the complaint.” The allegations and the amount sought must match. A motion to strike would have to show that the allegations don’t support the amount of damages they are claiming. Also, the complaint doesn’t have to be verified.
  7. The following is from a CA lawyer explaining demurrers. In regard to a motion to strike, see CCP 92(d). What exactly are the allegations?
  8. CCP 92 (a) The pleadings allowed are complaints, answers, cross-complaints, answers to cross-complaints and general demurrers. (b) The answer need not be verified, even if the complaint or cross-complaint is verified. (c) Special demurrers are not allowed. (d) Motions to strike are allowed only on the ground that the damages or relief sought are not supported by the allegations of the complaint.
  9. Yes, there are.
  10. @LegalWarrior Are you being sued in limited civil court? If so, have you read the limited civil rules?
  11. There is no federal statute that I know of that limits the amount of times a debt can be assigned. A FL attorney could tell you if there is such a state law, but as @willingtocopestated, I doubt one exists.
  12. I’m not sure it makes a difference. I would think you could file with the court and send to the plaintiff’s attorney on the same day. See what your rules say about requesting a hearing. Dates for motion hearings are not always set on the same day the motion is filed with the court so it would not be possible to include a hearing date in the motion. Do your rules require that you file a proof of service?
  13. Contact an attorney to find out. The SOL is usually based either on place of residence of the buyer or where an “injury” such as a default occurs. Check the name of the governing state law named in the contract. More than likely, the SOL would be either that of New York or the state named in the contract.
  14. It says “payments received after January 25, 2021 are not reflected in these balances.” That means that the payment you sent in February was not included in the remaining balance. It does not mean they are not going to credit you for the payment. All it means is that at the time they sent the letter, payments made after January 25 had not yet been recorded. There’s no reason to panic.