Search the Community
Showing results for tags 'FCBA'.
I am doing more research into defenses against account stated causes of action; Some I am thinking of; 1. That it can be equally implied that failure to make a payment can be evidence that a billing statement was NOT sent to a party. 2. That an account stated that is implied by failure to dispute a billing statement is a non written contract and subject to the 2 year SOL in CA. and the shorter time in other states. 3. That the FCBA does not state that failure to dispute implies ascent to the billing amount. 4. That objecting to billing statements after recieving them in discovery constitutes a written dispute if it is alleged in the answer that you denied the claim that billing statements were sent to you. 5. That the shorter 2 year time would mean there is no duty to pay a debt a third paty alleges after a failure to dispute 6. that suing on an account stated theory after the two years SOL would constitute a FDCPA or state equivalent. 7. That just because a billing statement is addressed to someone does not mean that the addressee is a party or the debtor for a particular account. Billing statements lack significant identifying information. Also we need to look into how the billing statements are made what process and data are combined to make a statement. 8. That the use of discovery sanctions will be helpful in any suit, as pro pers cannot get legal fees the court would have to entertain exclusion of evidence in certain areas. 9. show that the account stated is not valid in credit card cases. 10. Show that credit card transactions are not accounts for purposes of but an extension of contractual conduct by the parties. and we must refute stuff like this: