rikkivs Posted August 19, 2011 Report Share Posted August 19, 2011 We were sued for:Account stated within past 4 yearsOpen book account within past 4 yearsMoney paid or lent out at defendants insistence or requestAffirmative Defenses:Fraud and or mistakeNo agreement on balance due/Defendant has verbally objected to demands for payment by Plaintiff.Satisfaction and accord/All prior financial obligations paid to Plaintiff.Failure to state a claim upon which relief can be granted/Plaintiff has not provided an account number or any itemization of the alleged account from zero balance.Unclean handsIn pari delicto/Mutual Mistake of both partiesLachesStatute of limitationsSetoffFailure to mitigate damagesAny suggestions? Even though I've been on this board for a while, I am far from an expert and need the feedback. Thanks! Link to comment Share on other sites More sharing options...
Scientific Posted August 19, 2011 Report Share Posted August 19, 2011 We were sued for:Account stated within past 4 yearsOpen book account within past 4 yearsMoney paid or lent out at defendants insistence or requestAffirmative Defenses:Fraud and or mistakeNo agreement on balance due/Defendant has verbally objected to demands for payment by Plaintiff.Satisfaction and accord/All prior financial obligations paid to Plaintiff.Failure to state a claim upon which relief can be granted/Plaintiff has not provided an account number or any itemization of the alleged account from zero balance.Unclean handsIn pari delicto/Mutual Mistake of both partiesLachesStatute of limitationsSetoffFailure to mitigate damagesAny suggestions? Even though I've been on this board for a while, I am far from an expert and need the feedback. Thanks!What did they provide the first time in terms of discovery? Do you think they obtained anything new to refile? Link to comment Share on other sites More sharing options...
1stStep Posted August 19, 2011 Report Share Posted August 19, 2011 I think you could counterclaim for Rosenthal and FDCPA violations as well... the debt is paid and does not exist...by claiming the debt is still open and owed, they are now misrepresenting the nature of the debt. Link to comment Share on other sites More sharing options...
rikkivs Posted August 19, 2011 Author Report Share Posted August 19, 2011 What did they provide the first time in terms of discovery? Do you think they obtained anything new to refile?Before any discovery could be complete the case was dismissed for lack of prosecution. And thanks 1st step about the Rosenthal idea; we're considering it but it costs to file a suit and it was already $400 to file our answer, as we don't qualify for fee waivers. From the BoP the first case, there are many inconsistencies and mistakes and they should have investigated this further! Link to comment Share on other sites More sharing options...
BV80 Posted August 19, 2011 Report Share Posted August 19, 2011 Before any discovery could be complete the case was dismissed for lack of prosecution. And thanks 1st step about the Rosenthal idea; we're considering it but it costs to file a suit and it was already $400 to file our answer, as we don't qualify for fee waivers. From the BoP the first case, there are many inconsistencies and mistakes and they should have investigated this further!Are there any attorneys in your area who work on a contingency fee basis? If so, he/she would include his/her fees in the claim. Contact NACA. Also, check with CA State Bar. Link to comment Share on other sites More sharing options...
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