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Second time around thoughts please?


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We were sued for:

Account stated within past 4 years

Open book account within past 4 years

Money paid or lent out at defendants insistence or request

Affirmative Defenses:

Fraud and or mistake

No 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 hands

In pari delicto/Mutual Mistake of both parties

Laches

Statute of limitations

Setoff

Failure to mitigate damages

Any suggestions? Even though I've been on this board for a while, I am far from an expert and need the feedback. Thanks!

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We were sued for:

Account stated within past 4 years

Open book account within past 4 years

Money paid or lent out at defendants insistence or request

Affirmative Defenses:

Fraud and or mistake

No 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 hands

In pari delicto/Mutual Mistake of both parties

Laches

Statute of limitations

Setoff

Failure to mitigate damages

Any 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?

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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!

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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.

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