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Dmuny1

Sued for Breach of Contract- Advice on Hiring Lawyer

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I was sued for breach of Contract by Pride Aquisitions LLC seeking $39K from a Chase Credit Card. I just wanted some outside advice. Found a lawyer that is seeking out cases vs. Pride because they have had so much sucess, in fact have never lost, calls Pride "sloppy". Pride has had to pay out twice. They offered me a really surprisingly low flat fee to fight pre trail and another flat fee if it goes to trail. If it goes to trail, they said they would most likely counter sue on my behalf.

 

So my question is, do I have them take the case? Another lawyer will do it for the same. I just dont want to be a pawn and get caught between Pride wanting to make an example and this Law firm. I believe it is passed the SOL (by one to two months) and two other law firms said they think they could get me out of it. Thanks for any advice.

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If it is outside the SOL then it should be rather easy to fight yourself. However, for this amount of money you need to be really sure. When do they say was (and when was if they're not the same) your last payment on the account and when did they FILE the complaint? Not when you were served, when did they file it?

 

Another thing to consider is why would Chase have sold your account for that much money? Perhaps it is flawed? Food for thought.

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Good point on Chase. Last payment was NO later than Jan 4th of 2009 and they filed the 23rd of Jan this year...outside the 4 years, but the lawyer I talked to said he would only take that route if we could prove it. The statement presented as "evididence" was from Aug 2009 just saying I was seriously deliquent. They never said when my last payment was. I have a statement from December of 2008 showing an autopayment to chase from an account that was closed around Jan 15th, so I am positive its outside of the SOL, but I cantprove it. It was a business account and I also owed $25K on that account, so I cant really go back and ask for statements :-)

The flat retainer fee is $1500 (negotiated from $3500) so it seems pretty fair to have them do all the work. Not the best way to use your tax refund, but at least it is over.

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Good point on Chase. Last payment was NO later than Jan 4th of 2009 and they filed the 23rd of Jan this year...outside the 4 years, but the lawyer I talked to said he would only take that route if we could prove it. The statement presented as "evididence" was from Aug 2009 just saying I was seriously deliquent. They never said when my last payment was. I have a statement from December of 2008 showing an autopayment to chase from an account that was closed around Jan 15th, so I am positive its outside of the SOL, but I cantprove it. It was a business account and I also owed $25K on that account, so I cant really go back and ask for statements :)

The flat retainer fee is $1500 (negotiated from $3500) so it seems pretty fair to have them do all the work. Not the best way to use your tax refund, but at least it is over.

 

Well, I wouldn't say it is over. Even if you hire a lawyer, you still must be involved and it's not a guarantee you will win.

 

I am not sure in California but most states, the default occurs when you miss a payment, not make one. So if you made your last payment on 1/4/09 default would not occur until 2/4/09 which means it is not outside the SOL. If your last payment was made 12/15/08, then it went in default 1/15/08 (or the next "payment due date") and, as long as that payment due date is before 1/22/09, you are correct, it is outside the SOL. As you are very close, you NEED to find out this information. 

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It ain't that close, Flyerfan, Chase has a 3 year statute of limitations and California has a borrowing statute. They missed by a year trying to pile up the interest, and they figured the poster wouldn't have a clue about the borrowing statute. For 39 large, a motion to dismiss would be my first move.

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It ain't that close, Flyerfan, Chase has a 3 year statute of limitations and California has a borrowing statute. They missed by a year trying to pile up the interest, and they figured the poster wouldn't have a clue about the borrowing statute. For 39 large, a motion to dismiss would be my first move.

 

Didn't know that about Cali. Good to know. I have to learn more about this borrowing statute. Delaware is 3 years so I've never had to deal with it.

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