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JDB has copy of contract, should I get a lawyer


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Here's the details so far:

1. I am being sued by a JDB

2. I have sent a demurrer that was based off the JDB not having the contract

3. I also sent a BOP for the contract (Which i was never given a copy when i signed it)

4. The JDB has sent me a copy of the contract, as well as a letter saying the collections agency has been legally assigned the account for collection and that it has the permission of the company to file a lawsuit on its behalf

5. My court date for the judge to read the demurrer is Feb 3rd, 2012

6. I have CMC (Case Management Conference) date set for March 16, 2012

I'm pretty sure the judge will deny the demurrer now that a contract has been presented. How should I proceed? I know i need to have an answer with affirmative defenses, but now it seems like i have even less chance of winning.

Should I contact a lawyer asap?

thanks

Edited by shreinhart
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Well first off, the response to the BOP is not sufficient. They need to summarize all the transactions over the life of the account. I'd send a meet and confer to the plaintiff...give them say 10 more days to respond, or you will move to preclude at the Feb 3 hearing...

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Well first off, the response to the BOP is not sufficient. They need to summarize all the transactions over the life of the account. I'd send a meet and confer to the plaintiff...give them say 10 more days to respond, or you will move to preclude at the Feb 3 hearing...
More info is needed.....what contract? Is this a credit card case? Signed contracts are not made or required in most courts for credit card cases. You need a different type of defense.
What kind of contract are you talking about. Do you mean an assignment or bill of sale showing a transfer of the account?

Well this case isn't for credit card debt. The debt i'm being sued for is from a company that leases credit/debit card readers for small business. I was being charged hundreds more than the stated leasing fee that was given to me by the representative. I closed my bank account to prevent further transactions. Now they are suing me for the remainder of the contract.

The contract was a leasing agreement for the card reader. They did send a summary of transactions with the contract. the summary however is incomplete because it does not show the entire history of the account, nor the payments i had made and charges to my account. It simply lists the minimum leasing fee per month.

The assignment letter from the lawyer to the leasing company reads " Legal Assignment, and Suit Authorization. this signed document confirms that Commercial collections of America has been legally assigned this account for collection, under the established terms. this also confirms that we have your permission to file a lawsuit on your behalf."

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The assignment letter from the lawyer to the leasing company reads " Legal Assignment, and Suit Authorization. this signed document confirms that Commercial collections of America has been legally assigned this account for collection, under the established terms. this also confirms that we have your permission to file a lawsuit on your behalf."

Who is the named plaintiff in the lawsuit? Is it CCA or your card reader Lessor?

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Take a look at the UCC for your state. Does CA have specific contract law? This sounds cut and dried if you can prove they overbilled you. Bring the agreement with price A and the statements with charge B. Countersue THEM for breach of contract. They'll whine they aren't responsible because they bought the account and did not commit the breach. Then you tell them too bad, you step into the shoes of the creditor when you buy crap like this. You also step into his underwear, which is going to have a big stain in it after I sue you for being terminally stupid.

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If you can show the illegal fees you can get them for breach of contract. I think you need to at a minimum make a complaint with the AG for B&P 17200 violations for the illegal fees.

I think also a complaint to CFPB would pay dividends also.

you are going to need prepare an answer with crosscomplaint for several things. One is the illegal fees, two is the willful manner in which they operated, and three the business losses they caused you.

I would contact an attorney for business. conversely you can take some of these costs off your taxes.

So check the courts website for tentative ruling. time to redistribute the **** sandwich and make them take a huge bite.

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