Ihatelawsuits Posted December 5, 2018 Report Share Posted December 5, 2018 I received a Motion for Summary Judgment for a third party debt collector that purchased my personal loan from Best Egg (Cross River Bank). I answered their complaint, went to the pre-trial and not I have to respond to their Motion for Summary Judgment. I am from Ohio if that makes any difference. I would like to argue that I never received a Demand Letter so I never had the chance to validate the loan. They did send me a Purchase Agreement but it does not include a signature page. I really just want to keep them from being able to file the judgment so the case will end before the court date in February which would give me more time to make a case or give up. Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted December 5, 2018 Report Share Posted December 5, 2018 5 minutes ago, Ihatelawsuits said: I would like to argue that I never received a Demand Letter so I never had the chance to validate the loan. Is this a requirement where you live? There's no federal law that says they have to contact you before filing a lawsuit. 6 minutes ago, Ihatelawsuits said: I really just want to keep them from being able to file the judgment Without seeing what evidence they filed with ihe MSJ, it's impossible for us to give specific advice about how to respond, but generally speaking, you have to raise a "genuine dispute over material issues". Basically you have to raise doubt as to the trustworthiness of their records and affidavit. Not to rain on your parade, but you need to be aware that your chances of overcoming their MSJ are slim, and odds of beating them at trial are virtually none. Quote Link to comment Share on other sites More sharing options...
Ihatelawsuits Posted December 5, 2018 Author Report Share Posted December 5, 2018 I know that if I lose the MSJ I have no chance of negotiating with them at a later time. I was hoping to be able to negotiate if MSJ was not overturned. I understand I have no chance at a trial. Quote Link to comment Share on other sites More sharing options...
Ihatelawsuits Posted December 5, 2018 Author Report Share Posted December 5, 2018 I would assume it would be better to oppose the MSJ instead of not answering. Wouldn't the court rule in their favor automatically if I don't respond. In the Journal Entry it was stated that Trial remains scheduled for **** date. I assume they only kept the date in case I have some evidence that would make it necessary. Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted December 5, 2018 Report Share Posted December 5, 2018 There's no harm in responding, and there is a slight possibility the court will deny it. I'd be looking into arbitration. https://www.creditinfocenter.com/community/forum/199-arbitration/ Quote Link to comment Share on other sites More sharing options...
Ihatelawsuits Posted December 5, 2018 Author Report Share Posted December 5, 2018 It is confusing because I have a Bill of Sale purchase agreement dated June 12, 2017, Certificate of Loan Sale that is Dated February 28, 2018. Plus I have a final statement that is dated February 2, 2018 which is later than the Bill of Sale? Very confusing. Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted December 5, 2018 Report Share Posted December 5, 2018 Is the final statement from the OC or the current JDB? Are the bill of sale and certificate of loan sale memorializing the same event or was it sold twice? Quote Link to comment Share on other sites More sharing options...
Ihatelawsuits Posted December 6, 2018 Author Report Share Posted December 6, 2018 Here is a redacted copy of the MSJ, not sure I have anything to really defend with. Sad_Redacted.pdf Quote Link to comment Share on other sites More sharing options...
BV80 Posted December 6, 2018 Report Share Posted December 6, 2018 18 minutes ago, Ihatelawsuits said: Here is a redacted copy of the MSJ, not sure I have anything to really defend with. Sad_Redacted.pdf Was that the only evidence provided? Have they provided anything else? Quote Link to comment Share on other sites More sharing options...
Ihatelawsuits Posted December 6, 2018 Author Report Share Posted December 6, 2018 Yes. Filing the original Complaint they included an Affidavit of Claim and Certification of amounts, Loan agreement but no signatures, Bill of sale that is before my final statement. Immediately before getting the MSJ in mail I received a packet that they didn't file with the court that has a few account statements from original lender and a couple bills of sale. Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted December 6, 2018 Report Share Posted December 6, 2018 Can you post all of the evidence they filed with the court please? 1 Quote Link to comment Share on other sites More sharing options...
BV80 Posted December 6, 2018 Report Share Posted December 6, 2018 10 minutes ago, Ihatelawsuits said: Yes. Filing the original Complaint they included an Affidavit of Claim and Certification of amounts, Loan agreement but no signatures, Bill of sale that is before my final statement. Immediately before getting the MSJ in mail I received a packet that they didn't file with the court that has a few account statements from original lender and a couple bills of sale. Okay. Check out the following Ohio ruling. Discover Bank v. Paulette. See if they’ve complied with what the court required. https://scholar.google.com/scholar_case?case=14154945336691416700&q=“credit+card”+AND+“debt”+AND+“business+records”&hl=en&as_sdt=4,36 This next ruling involves a debt buyer. https://scholar.google.com/scholar_case?case=12146012045412985014&q=“credit+card”+AND+“debt”+AND+“business+records”&hl=en&as_sdt=4,36 You can find more rulings on Google Scholar. Click on “case law” and then “select courts”. Just elect “Ohio” in the left hand column. Then enter your search terms. https://scholar.google.com/ Quote Link to comment Share on other sites More sharing options...
Ihatelawsuits Posted December 6, 2018 Author Report Share Posted December 6, 2018 One thing I didn't pay enough attention to is with the discovery they sent me they sent me account statements. Looks like they sent 3 statements but they are all dated September 15, 2007. Doubt it makes any difference. I have to file by tomorrow my Opposition so I am running out of time. Quote Link to comment Share on other sites More sharing options...
Ihatelawsuits Posted December 6, 2018 Author Report Share Posted December 6, 2018 Here is what was filed with the court. Complaint_Redacted.pdf Quote Link to comment Share on other sites More sharing options...
BV80 Posted December 6, 2018 Report Share Posted December 6, 2018 12 minutes ago, Ihatelawsuits said: Here is what was filed with the court. Complaint.pdf What is “best egg”? Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted December 6, 2018 Report Share Posted December 6, 2018 Your name is visible in the affidavit, so fix that asap. I'm sure 2017 in the bill of sale should be 2018 since everything would fit together if that were the case. Having said that, it's their record, and it does conflict with the rest of their evidence, so that's how I would go about opposing the MSJ. Quote Link to comment Share on other sites More sharing options...
Ihatelawsuits Posted December 6, 2018 Author Report Share Posted December 6, 2018 Original Loan was from Best Egg. https://www.bestegg.com/dsk/?utm_source=google&utm_medium=cpc&utm_campaign=SeerBest EggSearchBrandGeneral&utm_group=&cpid=01fd2e&utm_term=best egg&gclid=Cj0KCQiArqPgBRCRARIsAPwlHoXtgeUSCm4j-m0fA7H7Ooef3Xok2GBa3kYWkLvO7p9Mpq54Omqwzc8aAnazEALw_wcB Quote Link to comment Share on other sites More sharing options...
BV80 Posted December 6, 2018 Report Share Posted December 6, 2018 7 minutes ago, Ihatelawsuits said: Original Loan was from Best Egg. https://www.bestegg.com/dsk/?utm_source=google&utm_medium=cpc&utm_campaign=SeerBest EggSearchBrandGeneral&utm_group=&cpid=01fd2e&utm_term=best egg&gclid=Cj0KCQiArqPgBRCRARIsAPwlHoXtgeUSCm4j-m0fA7H7Ooef3Xok2GBa3kYWkLvO7p9Mpq54Omqwzc8aAnazEALw_wcB I see that now. Thank you. Along with what @Harry Seawardstated, unless I missed it, I noticed that the plaintiff has not alleged in the complaint, affidavit, or MSJ that it purchased the account in question. Where does the plaintiff claim that it purchased the account and is the current owner of that account? Quote Link to comment Share on other sites More sharing options...
Ihatelawsuits Posted December 6, 2018 Author Report Share Posted December 6, 2018 It really doesn't show that Absolute Resolutions purchased the loan, only that it was sold. Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted December 6, 2018 Report Share Posted December 6, 2018 6 minutes ago, BV80 said: the plaintiff has not alleged in the complaint, affidavit, or MSJ that it purchased the account in question. Great catch! I've never heard of Absolute Resolutions before so I'm guessing this is a rookie mistake and OP gets to teach them and their lawyers how to draft a proper complaint, affidavit and MSJ. Quote Link to comment Share on other sites More sharing options...
BV80 Posted December 6, 2018 Report Share Posted December 6, 2018 5 minutes ago, Ihatelawsuits said: It really doesn't show that Absolute Resolutions purchased the loan, only that it was sold. Precisely. But again, I can’t see where Absolute claims they purchased the account. They do not say “Absolute purchased Defendant’s account” or “Absolute is the owner of Defendant’s account”.. As @Harry Seawardpointed out, the complaint, MSJ, and affidavit are poorly written. Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted December 6, 2018 Report Share Posted December 6, 2018 Too bad there isn't a way to find out the names of everybody who's debt was sold under that misdated bill of sale. Quote Link to comment Share on other sites More sharing options...
Ihatelawsuits Posted December 6, 2018 Author Report Share Posted December 6, 2018 Can I use their poorly written affidavit and complaint as Exhibits for my Opposition of MSJ? Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted December 6, 2018 Report Share Posted December 6, 2018 10 minutes ago, Ihatelawsuits said: It really doesn't show that Absolute Resolutions purchased the loan, only that it was sold. This is the kind of thing that happens around here only about once a year. I would be so confident in a victory over this, I would file a counter MSJ asking the court to dismiss plaintiff's lawsuit. Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted December 6, 2018 Report Share Posted December 6, 2018 1 minute ago, Ihatelawsuits said: Can I use their poorly written affidavit and complaint as Exhibits for my Opposition of MSJ? You can, but they are already part of the record. You just incorporate them by reference. Also, be aware that in many jurisdictions you have to file a controverting statement of facts that line by line attacks each element of the plaintiffs statement of facts. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.