indebt4now

Advice Sought for Lawsuit Filed For Citibank Cc Debt

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Per @shellieh98's advice to oppose the MSJ,  I'm posting the language in for my response to the MSJ below and also plan to include a Statement of Material Fact to include an alternative CC agreement and the Self Authentication caselaw that @debtzapper cited above.

If anyone has any further suggestions or comments to my actions, please let me know and thanks again in advance.  

 

COMES NOW, pro se Defendant, and submits its Opposition to Motion for Summary Judgment, in accordance with W.R.C.P. 56.

Plaintiff alleges that Defendant defaulted on a credit card debt and is now seeking to collect thereon. Plaintiff has claimed that Defendant has raised no genuine issue of material fact. To the contrary, on the 15th of April 2016 Defendant filed a Motion to Compel Private Contractual Arbitration based upon the material fact that the Credit Card Agreement cited in that filing states that the parties, including successors to Citibank, N.A. are bound by the Credit Card Agreement, including the Arbitration provision which states:

(a) EITHER YOU OR WE MAY, WITHOUT THE OTHER’S CONSENT, ELECT MANDATORY, BINDING ARBITRATION FOR ANY CLAIM, DISPUTE, OR CONTROVERY BETWEEN YOU AND US (CALLED “CLAIMS”).

(b) ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPTATE IN A CLASS ACTION OR SIMILAR PROCEEDING.............................. [I've included entire statement, just truncated here for brevity]

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Thanks @shellieh98 I've prepared my response to the MSJ, and in my research noticing that the Plaintiff;s attorney provided a Bill of Sale and Assignment from Citi to the Plaintiff dated December 2014 where it was signed by Patricia Hall, "Finance Acct Mgr.". I googled her and found other bills of sale like this to other assignees. I fund this order granting a motion to dismiss where Hall was mentioned in the motion: https://cases.justia.com/federal/district-courts/north-carolina/ncedce/7:2013cv00070/128686/33/0.pdf

Would I have any standing based on Halls signature on the sale to the Plaintiff? If so, should I wait for arbitration (assuming we go there), or bring this up now? 

 

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50 minutes ago, indebt4now said:

Thanks @shellieh98 I've prepared my response to the MSJ, and in my research noticing that the Plaintiff;s attorney provided a Bill of Sale and Assignment from Citi to the Plaintiff dated December 2014 where it was signed by Patricia Hall, "Finance Acct Mgr.". I googled her and found other bills of sale like this to other assignees. I fund this order granting a motion to dismiss where Hall was mentioned in the motion: https://cases.justia.com/federal/district-courts/north-carolina/ncedce/7:2013cv00070/128686/33/0.pdf

Would I have any standing based on Halls signature on the sale to the Plaintiff? If so, should I wait for arbitration (assuming we go there), or bring this up now? 

 

How would the Order in the link help you?

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If your trying to get a case into Arbitration, the only litigation you do is to do what it takes to get it there.  If you bring any thing else up, you are litigating in court, and may lose your right to arbitration. make sense?  Patricia Hall worked for Citibank, and has signed thousands of bills of sales.I doubt it will help you. If you fail to get Arbitration, then we can work on impeaching the witnesses, or the people that signed any affidavits.

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