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If your in california and your being sued with an "ACCOUNT STATED" as a cause of action, then your going to want to look at the jury instructions to see what elements that need to be proven for an account stated. https://www.courts.ca.gov/partners/documents/Judicial_Council_of_California_Civil_Jury_Instructions.pdf Download the pdf and open with adobe and search for ACCOUNT STATED Assignment Contested Assignment NOT Contested
Bill of Sale Citibank signed by Patricia Hall
slm posted a topic in Is There a Lawyer in the HouseI am looking for anyone who has copies of a Bill of Sale or Assignment from Citibank with Patricia Halls signature. I have collected two (from a Cavalry and Midland case) that seem to be different signatures and I suspect robosigning. The wording on the Bill of Sale is also different. I am particularly interested in any notarized signatures from her. This person seems to be on many JDB cases and I am trying to establish if this is like the Mortgage robosigning scandal. These are usually generic forms without any personal information on them, but if there is, you can certainly redact it. I will post my findings here if I get any responses. Thanks!
Hi Friends, My wife is being sued in Wyoming for 10K from a JDB based in Colorado. I have several questions that I could use some help with. The original suit they sent her listed an OC in the affidavit that she did not recognize. She responded to the suit denying the debt and requesting a contract, account statements and purchase receipts to prove the amount of the debt. A month later they revised the affidavit with a "Motion For Leave of Court To Amend Plaintiff's Exhibit A To The Original Complaint and Amended Affidavit of Indebtedness Pursuant to WRCP 15 (a). This motion was filed to change the affidavit to include a different OC and the revised affidavit is titled "Amended Affidavit of Indebtedness and Acknowledgement of Assignment". The new affidavit has the same fellow who swore and affirmed under oath that my wife owed 10K of debt from one OC is now swearing that she owes 10K from a different OC. 1. Does that legally disqualify the author of the affidavit and should my wife file a Motion to Strike Affidavit of Debt? 2. The affidavit is written by Ryan, the President of the company who allegedly bought the debt from the OC. The plaintiff in the suit however is a third party who bought the debt from Ryan's company. I did a google search and noticed that Ryan is also the VP of the plaintiff's JDB company. This is not mentioned anywhere in the suit. Is it legally OK to sign an affidavit as the middle owner of the debt without a disclaimer that you work for the plaintiff? If not, how would my wife bring this to the courts attention? 3. Does the "Motion For Leave of Court" mean that the set court date for pre-trial is now being postponed? 4. My wife is in her third trimester of pregnancy and would prefer if I represented her in court. How can I do that? Thank you very much for any guidance you can provide and please let me know if you have any follow up questions. CombingWyoming