byegone

Can both parties Motion for Summary Judgment

Recommended Posts

Bruno - i believe the judge would have to order to compel before I can file a motion to preclude? I'm guessing

If I do file a motion to preclude - when before my next appearance or at it??

Share this post


Link to post
Share on other sites
JDBs can use account stated, they assume all the rights of the original creditor, which is to use any theory of litigation they want. There must be 10,000 cases on Google Scholar where JDBs sue under account stated. No case has ever been dismissed for failure to state a valid cause of action. They don't have to have sent you statements, obviously they couldn't have done so, but they can use the statements the OC sent as if they were their own. That is, if they can get them admitted as evidence under the rules in your state. Ownership of the account is what you need to concentrate on.....without this, it doesn't matter who sent what.

Hi Bruno,

For the JB to show that they have all the rights of the original creditor (own the account), what does the JB have to prove?--that they purchased the account and in the purchase the rights were assigned? Is the paper proof of this a bill of sale even if the creditor's name they are suing is not listed? I am trying to get clear on this. Thanks for your help.

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.