legaleagle

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legaleagle last won the day on April 18 2012

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About legaleagle

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  1. You need to loosen up, it was a joke. I'm sure you must be used to my sense of humor by now.
  2. I don't think it's harsh to point out the fact that posters open 3-4 new threads at will. You decide, you run the show. We will then decide who we'll respond to accordingly. As for no clue, you need to read some of what these people put up here.
  3. Got some case law for this? I've read 2500 credit card cases, I've never seen one where the single owner of an LLC can skate on a credit card debt by claiming it was business related. Every credit card application is dependant upon the personal credit of the applicant if it is an LLC. Also, every state has statutes to pierce the phony corporate veil these single owners try to hide behind. Owners of LLCs are responsible for the debt incurred by those LLCs. Our CT Supreme Court disagrees with your position. To determine whether piercing the corporate veil is proper, the Connecticut Supreme Court and previous commission decisions have endorsed two tests: the instrumentality rule and the identity rule. "The instrumentality rule requires, in any case but an express agency, proof of three elements: (1) Control, not mere majority or complete stock control, but complete domination, not only of finances but of policy and business practice in respect to the transaction attacked so that the corporate entity as to this transaction had at the time no separate mind, will or existence of its own; (2) that such control must have been used by the defendant to commit fraud or wrong, to perpetuate the violation of a statutory or other positive legal duty, or a dishonest or unjust act in contravention of plaintiff's rights; and (3) that the aforesaid control and breach of duty must proximately cause the injury or unjust loss complained of." (Internal quotation marks omitted; citations omitted.) Tomasso v. Armor Construction & Paving, Inc., 187 Conn. 544, 553 (1982); Commission on Human Rights and Opportunities ex rel. Robert Henry v. Edwards Super Food Stores, CHRO No. 9510617, Ruling on Respondents' Motion to Dismiss and Commission's Motion for Stay, 3 (September 1, 1999). "The identity rule has been stated as follows: If plaintiff can show that there was such a unity of interest and ownership that the independence of the corporations had in effect ceased or had never begun, an adherence to the fiction of separate identity would serve only to defeat justice and equity by permitting the economic entity to escape liability arising out of an operation conducted by one corporation for the benefit of the whole enterprise." (Internal quotation marks omitted; citations omitted.) Tomasso, 187 Conn. 554; CHRO ex rel. Robert Henry, 4. If you have case law supporting your position, I would love to have it for personal reasons.
  4. Gee, I thought I told him to do that. Maybe it's the weather. LOL Too hot in AZ? This has been known to cause heat stroke. Be careful. My uncle lived there, they used to say on the radio how long you could go outside.
  5. Really? He's fine? Everybody does this, they open a new thread every time they post. We can't jump back and forth beteween 3-4 threads. We have enough problems with people who have no clue as to what they are doing. We don't need this on top of it.
  6. JAMS is the one you want. See their web site. They are very expensive, this should get rid of this. The cost can run six figures. NO jdb will pay 6 large to arbitrate an $800 account they bought for 2 cents on the dollar. Would you?
  7. All these agreements say the same thing, doesn't matter whether or not it was personal or business, he's on the hook. If this worked, all anybody would have to do is file for an LLC, run up all the debt they want, then claim it was business related and flip off the lender. Never happens. They are wise to this, they can pierce the corporate veil, etc. and attach distribution of profits, assets, etc., if there are any. All credit card agreements for an LLC are based on the personal credit of the owner. He's the owner, he's the business. Personally, I don't see much hope here unless the OC doesn't have any records. Not too many Colorado posters here, I don't know how their courts treat these cases. Discovery can be conducted any time, I suggest you do it now to see what they have. Recent accounts are trouble, they have all the records.
  8. You're good to go if you have proof, file an objection and ask for sanctions. Their attorney is either a liar to the court or an incompetent moron who doesn't follow his cases. Either way, not your problem.
  9. Requests for Production of Documents 1. The original signed application establishing the account 2. Charge slips bearing defendant's signature which establish use of the account 3. The original written agreement in which defendant allegedly assented to the terms of the account 4. A complete history of the account from day one, establishing the legitemacy of the balance sought 5. Any document setting forth the choice of law provision 6. Any document plaintiff intends to introduce at trial which establishes the exact day the subject account went into default 7. Any document produced by plaintiff in the normal course of business which states and defines the exact statutes the choice of law provision seeks to enforce 8. Any recording, or transcript of any recording, of telephone calls in which defendant disputed the alleged amount owed 9. Any cancelled checks or copies of cancelled checks, or other verified payments on the account plaintiff intends to introduce as evidence at trial 10. Proof of mailing of monthly statements 11. Any documents evidencing that defendant retained monthly statements for an unreasonable amount of time 12. Any document produced by plaintiff in the normal course of business defining "unreasonable amount of time." 13. Documents establishing the chain of custody of the alleged debt, starting with the original creditor, each one to show in clear detail the manner in which the debt was allegedly transferred to subsequent assignees. These documents should show the account number and name of the account holder. 14. The forward flow document governing this transaction.
  10. Who was this from? Paypal, or some store? The agreement should be on line. Just Google it.
  11. You can italicize, but usually that is reserved for the appellate courts and above when they cite cases. At least here it is. We just underline the name of the case. Either way should work, but underlined cases are easier to spot. What's most important is that the poster actually read the cases he cites, especially if they are from his state. Most likely the judge has seen these cases and may ask the poster what relevance they have, etc. He should be prepared to answer. Citing BV80 v. Coltfan International Collection Agency. The best thing I ever saw was a lawyer citing a case I had already used, and he tried to twist it around to something it didn't say. Guess what happened to him. See how that underlined part jumps out? You see that before you even read the post. By the way, BV80 won that case hands down. LOL (stupid me, I used to think that meant lots of luck)
  12. State something along the lines that all these records came through Unifund and they have been found to repeatedly falsify affidavits under oath, I think this would be objected to and sustained. What the poster needs to do is file a motion, then they can support it with all the case law against these chooches. Just throwing it out there that they did this in the past is like bringing up past conduct in a criminal matter. An affidavit made in bad faith might fly.
  13. Put the correct date on your papers. They probably made a typo, this is irrelevant. Try these on them, they'll love you for this. Requests for Production of Documents 1. The original signed application establishing the account 2. Charge slips bearing defendant's signature which establish use of the account 3. The original written agreement in which defendant allegedly assented to the terms of the account 4. A complete history of the account from day one, establishing the legitemacy of the balance sought 5. Any document setting forth the choice of law provision 6. Any document plaintiff intends to introduce at trial which establishes the exact day the subject account went into default 7. Any document produced by plaintiff in the normal course of business which states and defines the exact statutes the choice of law provision seeks to enforce 8. Any recording, or transcript of any recording, of telephone calls in which defendant disputed the alleged amount owed 9. Any cancelled checks or copies of cancelled checks, or other verified payments on the account plaintiff intends to introduce as evidence at trial 10. Proof of mailing of monthly statements 11. Any documents evidencing that defendant retained monthly statements for an unreasonable amount of time 12. Any document produced by plaintiff in the normal course of business defining "unreasonable amount of time." 13. Documents establishing the chain of custody of the alleged debt, starting with the original creditor, each one to show in clear detail the manner in which the debt was allegedly transferred to subsequent assignees. These documents should show the account number and name of the account holder. 14. The forward flow document governing this transaction.
  14. Find the GE cardholder agreement and find the arbitration clause. That should get rid of this, it can cost thousands and they'll never pay for it.
  15. Correct, credit cards always have some sort of provision or the application had to be guaranteed by you personally. Supporting docs usually are not filed with a complaint, you have to ask for them in discovery. If you want what they have, send these: Requests for Production of Documents 1. The original signed application establishing the account 2. Charge slips bearing defendant's signature which establish use of the account 3. The original written agreement in which defendant allegedly assented to the terms of the account 4. A complete history of the account from day one, establishing the legitemacy of the balance sought 5. Any document setting forth the choice of law provision 6. Any document plaintiff intends to introduce at trial which establishes the exact day the subject account went into default 7. Any document produced by plaintiff in the normal course of business which states and defines the exact statutes the choice of law provision seeks to enforce 8. Any recording, or transcript of any recording, of telephone calls in which defendant disputed the alleged amount owed 9. Any cancelled checks or copies of cancelled checks, or other verified payments on the account plaintiff intends to introduce as evidence at trial 10. Proof of mailing of monthly statements 11. Any documents evidencing that defendant retained monthly statements for an unreasonable amount of time 12. Any document produced by plaintiff in the normal course of business defining "unreasonable amount of time." What is your defense to this suit?