Brotherskeeper

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  1. Do you have a good reason for leaving this information out? The reason for including it--if it is accurate--is that these statements make you a qualified witness, with personal knowledge, and custodian of records for your business.
  2. Well...since you're a self-represented defendant, I believe that is who you should be serving. (If you had an attorney, your attorney would be an advocate for you to present your facts in the best possible light for you.) You might explain, if you can, why you don't have any documents. If you were correct that you never signed this agreement, why would you have a copy of it? Many, perhaps not all, bank documents would be available if you ordered them or if they were subpoenaed for them.
  3. If you do not recall signing this agreement, and that is the truth, then I don't know why you couldn't state that. (IANAL) Making this statement in an affidavit under oath means to the best of your recollection, you can't recall signing this specific "Amended and Restated Loan Agreement" that Plaintiff has submitted. You are not denying anything or admitting to anything. If the statement is true, you aren't committing perjury. Do recall signing any other agreements? Did you sign a lot of them?
  4. Perhaps you should put this info in your affidavit. It helps to explain why you may honestly not know very much about this restated agreement.
  5. @Jackie1989 So you've 3 days to polish this up? LaneBlane posted a link to a CT. law guide that has a section on affidavits for summary judgment. My 2 cents is that you really should do an affidavit. You can follow the format of the JDB president's affidavit. You were the sole proprietor (or whatever your title is/was) of Jackie1989 d/b/a your business name. You might want to state when you formed your business. State that you have personal knowledge of your business records because you were responsible for maintaining all of the records of your business. If that is a true statement, of course. I don't see how you can avoid stating that you had checking accounts and various loans with other banking institutions (and name Fleet Bank if you think that is important for chain of title), including Bank of America. You might include a statement that you do not have these records in your custody or control due to (whatever reason you don't have them.) If this MSJ is denied, you are likely looking at discovery requests for your banking records and/or a subpoena to B of A for them. As Lane Blane pointed out, you authorized debit payments for years on a loan agreement you weren't sure you even signed. I think you really need to make it clear that your name is Jackie1989, and that all of your business records, including any and all bank records, were opened in your correct name d/b/a ___. You never used the name as it is spelled in the agreement. You never represented, orally or in writing, your name to be "XXXX" (write in quotes how it is spelled in that agreement) to anyone at Bank of America. You have no knowledge of how or who was responsible for "XXXX" appearing 3 times, including right beneath the signature line, in that agreement. The tricky part of this affidavit is going to be how you represent the problem you have with your signature IMO. It is faint. Is this a factor due to how it was copied by B of A, or by the JDB? Does the original document have a lighter color ink that didn't copy as well? Is it similar enough to your real signature that it would be difficult to convince anyone it isn't yours? Is the last name of the signature misspelled the same as how it is typed in the agreement? In my opinion, (IANAL!) you can state that you have no recollection of signing the agreement. If they don't obtain an affidavit from B of A to authenticate that agreement, you are the only other person available who could authenticate it by admitting to it--unless the judge decides that the agreement is likely to be what the plaintiff claims it is.
  6. You've put a lot more factual detail in which makes for a stronger argument. I think it could be a little better organized. I'll take a closer look later tonight.
  7. Are these facts correct? You were living in P.R. from July 2015 until December 2017. You took trips or a trip to Florida and purchased a house during this time, and returned to P.R. In December 2017 you went to Florida. You returned to P.R. in January 2018 and remained until September 2018. How to Officially Become a Florida Resident "The place where you live with the intention that it's going to be your permanent residence for an indefinite period of time is referred to as your "domicile." It determines what state you must pay taxes to, and it can make you eligible for state programs and benefits. But what happens if you have more than one home? If your time is spent in Florida and one or more other states during the year, you must choose one state and clearly indicate your choice of domicile by establishing key relationships to and with that state. You should be able to persuade your former state of domicile that you have, in fact, abandoned your domicile in that state and that you've established your new domicile in Florida." Here's another attorney's article on this subject. This is directed at people from the northern US states who seek to declare Florida their domicile. MAKING FLORIDA YOUR DOMICILE While a person may have more than one residence, theoretically a person may have only one domicile. While a person may have more than one residence, theoretically a person may have only one domicile. The process of establishing a Florida domicile can be complex as well as elusive. Many individuals are under the mistaken impression that if they purchase a home in Florida and send out address change cards they are officially Florida residents and have fulfilled all the requirements for relinquishing residency in their former state, however, many more steps need to be taken. Establishing a Florida domicile can be obtained by choice, however, two necessary elements must be met. First, there must be physical presence which can be met by owing or leasing a residence in Florida. The more permanent the relationship is with Florida the stronger a case can be made. The second element, "intent" is subjective. The burden of proof is on the person declaring domicile to show that Florida is the center of the person's social, economic as well as civic activity. In many instances the issue is not the steps an individual has taken to become a Florida resident, but rather the steps that an individual has take to divorce him or himself from their northern abode. Many northern states have lost substantial sums of both income tax as well as estate and revenue as a direct result of part time Florida residents declaring Florida their domicile. Accordingly. many states have established criteria placing the burden of proof on the party declaring Florida as their domicile. At a minimum it is strongly recommended that the following steps be taken if an individual with two residences seeks to declare Florida their domicile. A) File Declaration of Domicile with the Clerk of Court in the Florida county where one resides. Obtain Florida drivers license, Florida vehicle registration and voters registration card. C) If you own property in Florida, file for a Homestead Exemption in the county in which you reside. D) Transfer securities, bank accounts, brokerage accounts and similar investments to institutions located in Florida. E) Transfer valuables from safety deposit boxes in the former state to a safety deposit in Florida. (Courts have held the location of a person's safety deposit to be a critical factor in determining domicile). F) Establish wills, trusts, health care declarations and durable powers of attorney which recite Florida domicile. G) Change affiliations with religious and social organizations to Florida and seek to request non-resident status with organizations maintained in the former state of domicile. H) Transfer family possessions, heirlooms and collections to the residence in Florida since it is assumed those items would be kept at a permanent home. I) File the Federal Income Tax showing Florida as your address and affirmatively state on your last return in your former state that it was you final return for that state. It is beneficial to notify the Internal Revenue Service by certified mail that you have changed your address. J) File Florida Intangible Personal Property Tax returns by June 30th. K) Change addresses for credit cards, charge accounts, corporations partnerships to your Florida address. L) Establish relationships with Florida doctors, attorneys, accountants, and insurance agents. M) Make sure that you spend more than six months away from your residence up north and seek to be able to document the time spent in Florida id need be through a travel log and/or charge receipts. N) Direct that paychecks, interest and dividend checks be mailed to Florida.
  8. (I am not an attorney.) If the account was not already in default when the last payment was made in June 2015, then the first missed payment was in July 2015. If you are correct that the SOL for credit card debt in Puerto Rico is 3 years, then the SOL ran until July 2018. So, you were still "living" and thus available to be served a summons in Puerto Rico from January 2018 until sometime in September 2018? Maria hit P.R. September 19 or 20, 2017? You left P.R. to go to Florida when? It may be argued that the running of the P.R. 3-year SOL was tolled (paused) for the time you were away in 2017 until you returned in Jan. 2018. You need to check your court rules of civil procedure on the time to respond to a motion for summary judgment. It is likely that the 20 days on the summons was the deadline to file an answer to the complaint.
  9. @WhatAboutMe When is the deadline to respond to the MSJ? What date or month of 2015 was your last payment? When did you relocate to Florida from P.R? Have you been back and forth since then?
  10. When you received your copy of the MSJ, did plaintiff attach a copy of the credit card agreement? Does the agreement contain an arbitration clause? It's best for you to post all of your questions and information in your own thread so that there's no confusion created. This thread is for Ohio. You are in Florida.
  11. To be clear: were these loans to an entity registered with the CT. Secretary of State as a DBA? Were payments automatically debited (if funds were available) from a business checking account or a personal checking account? Were you the president or sole proprietor (or whatever) of the business? Or did you have an employee or bookkeeper or custodian of records or accountant doing your books and paying your bills? If your business records were within your personal knowledge, like the JDB president, then your statements of fact and any documents you have that you're willing to submit in an affidavit would likely meet the business records exemption to the hearsay rule. (I am not a lawyer.)
  12. I'm kidding, sorry. If you were contractually obligated to pay a restructure fee of $374.95 on April 13, 2012, wouldn't that fee be listed as being paid or unpaid somewhere in B of A's accounting? Or on your business bank statement? Do you remember making any payments at all during the 17 months following the April 13, 2012 signing date? My aim here is not to get you to answer questions to satisfy my curiosity, but to steer you to look at facts, omissions and/or discrepancies that may be worth including in your objection. I'm trying to help you impeach the exhibits' accuracy and trustworthiness.
  13. Well, according to the JDB's exhibits, the Amended and Restated Loan Agreement's express terms of a $374.95 restructure fee due upon signing date and the first 17 months of payments of $500 then $658.14 from May 28, 2013 thereafter, to be automatically debited from your account listed in the Agreement, were waived!
  14. @RobinC Under Ohio Rules of Civil Procedure, you are allowed to amend your Answer (pleading) once within 28 days after serving it. Check your court rules to see if you have to title it Defendant's First Amended Answer with Affirmative Defenses. Civ. R 15(A) RULE 15. Amended and Supplemental Pleadings (A) Amendments. A party may amend its pleading once as a matter of course within twenty-eight days after serving it or, if the pleading is one to which a responsive pleading is required within twenty-eight days after service of a responsive pleading or twenty-eight days after service of a motion under Civ.R. 12(B), (E), or (F), whichever is earlier. In all other cases, a party may amend its pleading only with the opposing party’s written consent or the court’s leave. The court shall freely give leave when justice so requires. Unless the court orders otherwise, any required response to an amended pleading must be made within the time remaining to respond to the original pleading or within fourteen days after service of the amended pleading, whichever is later.
  15. @Jackie1989 The B of A agreement states: "2. Fees and Expenses 2.1 Fees. (a) Restructure Fee. The Borrower agrees to pay a restructure fee in the amount of Three-Hundred-Seventy-Four and 95/100 Dollars ($374.95). This fee is due on the date of this Agreement. " Does this $374.95 restructure fee amount (due on April 13, 2012) appear anywhere on Exhibit D or in Plaintiff's Damages section?