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Showing results for tags 'standing'.
Found 9 results
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Cach, LLC, represented by Mandarich, sued me for breach of personal guarantee on alleged defaulted loan for $205K. Trial is 4/16/18 and FSC is 4/10/2018. All docs with exception of Trial Briefs have been submitted. Trying to get them to dismiss for lack of standing that is more egregious than usual. Here's what I wrote to their lawyer (who hasn't been a member of Cal Bar for even a year):In the Complaint CACH alleges that it is the “assignee of original creditor Bank of Internet,” but the “Bill of Sale” offered as EXHIBIT 1 to the JOINT EXHIBIT LIST states that CACH purchased some “Charge -
Because I had a deadline looming, I had my attorney respond to a complaint filed by a JDB’s attorney. I’m going to take things over from here to keep my legal fees to a minimum. I have the Plaintiff’s first set of Interrogatories, Request for Production of Documents, and Request for Admissions. I also received a copy of the purchase agreement and bill of sale in response to “Lack of Standing” as my affirmative defense. I read an older string of messages on this site that went into detail about documents that prove the purchase or transfer of ownership from an original credit -
I'm trying to help my brother with a 33K lawsuit from National Collegiate Trust. The loan was made in 2006. He had a co-signer whose last payment was made about 2 years ago. She is dealing with a suit against her for the same amount, but they have sued my brother separately, so I am hoping his case is entirely separate from hers and that the SOL is an immediate option for defense. Also, I spoke with a lawyer who said Standing should be a good defense, as NCT provides only 2 pages of the original loan doc from Chase & no proof that they own this loan. Lastly, the original com
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http://www.nlada100years.org/sites/default/files/Defending%20Junk%20Debt%20Cases.pdf -
Hello, I'm pretty new to this site, but it has so far been quite helpful in forming a defense as I am in the process of fighting a lawsuit. Just a few weeks ago, I was feeling overwhelmed by my situation, but a little bit of research in the last week has me feeling optimistic about the opportunity that I have to defend myself. I would like some input as I move forward if anyone has information that would fit my particular situation. I am also lurking about and proactively seeking answers. I'm not 100% comfortable with putting the exact specifics of my circumstances on here, so I'm sorry if a -
Please read the post here. I think I found something really good that may help others as well. I just need to know what to include so as not to allow Midland/Asset to come back with updated paperwork that changes anything. Here is the link... Thank you all. http://www.creditinfocenter.com/community/topic/324806-answering-msj-arizona-procedural-question-please/ -
I'm stressing! I have brain freeze! Not sure what to do now. I have to answer a CCP 96, don't know if I should subpoena a witness that works in Plaintiff's attorney's office - he submitted a CCP 98. HELP! Like I mentioned in another post, I'M in Ventura County, Calif, my case is assigned to Judge O'Neill, don't think he liked me much the 1st time I was in front of him. BV80 Xenophon -
Hello, as you can see this is my first post, thanks in advance for any and all help. I was served 10 days ago in MN and since have been spending upwards of 2 hours per day researching how to deal with this situation, which leaves me 10 more days to respond. Today I read a very informative thread here.. http://www.creditinfocenter.com/community/topic/312714-standing-when-dealing-with-jdb/ Written by a couple very helpful individuals. I know this will probably sound really bad to some, so please don't rost me as I am completely new to all of this but here it goes..... How exactly do -
Would like some suggestions (or more specifically a template) to assist in compiling a memorandum of points and authorities. Have already created the motion similar to Linda7's offered template. The absence of Oregon Case Law is a challenge so can possibly use 9th District. Original Creditor - Chase Bank Buyer #1 - Purchasers Advantage Colorado Buyer #2 - Professional Bureau of Collections of Maryland (Colorado Same address as Buyer #1) Yeah! I know! I realize this is not an account just a file of random numbers The Complaint is for both Account Stated and Breach of Contract. Have answer
