legaleagle

MiserableUsers
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Everything posted by legaleagle

  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 Cour
  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'
  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 plaintif
  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 us
  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
  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 leg
  16. The "debt isn't mine" argument never works unless they sued the wrong person. You can solve this with disclosure, see Rule 31 of the NY civil procedure for this. You can find the format on line, just Google production of documents New York. Laws of New York If you're in the City, there are different rules. Rules Send them 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 t
  17. Sounds like Cap 1 is the plaintiff. How much is this for? What level of court? If it is small claims you may not be able to conduct discovery. We need this info.
  18. English class won't help. if you want to learn legalese, just google some pleadings and read them. Also read some appellate and supreme court decisions.
  19. I'm afraid Title 9 is all you get. Evidence is covered in 9-19.
  20. Are there other questions you would ask? My strategy is to use production of documents first, then requests for admissions for the items you don't get. Sample: "Produce the application." "We don't have to save the application." "Admit you do not have the application." Coltfan likes to do it in reverse by serving the admissions first. Either way works. Can I file a motion to dismiss to the court since they have never produced sufficient evidence this debt is mine? Based on what? You haven't received their responses yet. Maybe they can prove ownership, who knows. Proving it's yours is very eas
  21. Can you file for an extension of time to respond to the motion? I saw the Utah rules, but we usually look under the poster's name to see what state we are dealing with. Better if you include that.
  22. If you can prove the SOL is dead, file a motion to dismiss based upon a time barred debt. This would be a one page motion, maybe only one paragraph. Attach your proof, a copy of the sol from the OC's state, and proof of the date you last paid. Attach an order for the judge to sign. Plenty of samples on line for motions to dismiss in NY. A little case law wouldn't hurt. (Portfolio Recovery v. King)
  23. No, you cannot file anything with the court until they actually sue you. I would then also file a counterclaim for an FDCPA violation, suing on a time barred debt. Could net you a grand.
  24. Yup, always send a copy of anything you file to the opposition, no matter what state you live in this applies.
  25. debt collector licensed 559.553 - Google Scholar This case explains some of this These are federal court cases that mention this particular statute 559.553 - Google Scholar However, one case says this: (Garcia v. Cardis) The case is dismissed because the Florida Act does confer a private right to sue for failure to register and the Plaintiff has not stated a cause of action under the Federal Act.