Ihatelawsuits Posted February 13, 2020 Report Share Posted February 13, 2020 I am being sued by LVNV Funding for the debt purchased by CreditOne Bank. I would love some tips to reply to the MSJ. I have attached a redacted copy that I had to download from the court since they failed to send my service copy (no that is only hearsay in court). Appreciate any help. Motion for Summary Judgment_LVNV Redacted.pdf Quote Link to comment Share on other sites More sharing options...
BV80 Posted February 13, 2020 Report Share Posted February 13, 2020 5 minutes ago, Ihatelawsuits said: I am being sued by LVNV Funding for the debt purchased by CreditOne Bank. I would love some tips to reply to the MSJ. I have attached a redacted copy that I had to download from the court since they failed to send my service copy (no that is only hearsay in court). Appreciate any help. Motion for Summary Judgment_LVNV Redacted.pdf 2.13 MB · 1 download Where is the bill of sale between Credit One and LVNV? Quote Link to comment Share on other sites More sharing options...
Ihatelawsuits Posted February 13, 2020 Author Report Share Posted February 13, 2020 28 minutes ago, BV80 said: Where is the bill of sale between Credit One and LVNV? I should have included Exhibit A from the Complaint. There are Bills of Sale but not too LVNV and they are pretty generic. Exhibit A-Redacted.pdf Quote Link to comment Share on other sites More sharing options...
BV80 Posted February 13, 2020 Report Share Posted February 13, 2020 1 hour ago, Ihatelawsuits said: I should have included Exhibit A from the Complaint. There are Bills of Sale but not too LVNV and they are pretty generic. Exhibit A-Redacted.pdf 678.12 kB · 1 download I’m doing some research to determine if I can help you with an argument. If you don’t mind, could reveal the county in which you’re being sued? It might make a difference in citing case law. Quote Link to comment Share on other sites More sharing options...
Ihatelawsuits Posted February 13, 2020 Author Report Share Posted February 13, 2020 1 hour ago, BV80 said: I’m doing some research to determine if I can help you with an argument. If you don’t mind, could reveal the county in which you’re being sued? It might make a difference in citing case law. Cuyahoga County Quote Link to comment Share on other sites More sharing options...
Jackie1989 Posted February 14, 2020 Report Share Posted February 14, 2020 No bill of sale lvnv? Shouldn't that alone be enough to defeat MSJ? No bill of sale, no standing 1 Quote Link to comment Share on other sites More sharing options...
Brotherskeeper Posted February 14, 2020 Report Share Posted February 14, 2020 @Jackie1989 Page 10: Declaration of Account Transfer Sherman Originator III LLC ("SOLLC III"), without recourse, to the extent permitted by applicable law, transferred, sold, assigned, conveyed, granted and delivered to Sherman Originator LLC ("SOLLC") all of its right, title and interest in and to the receivables and other assets (the "Assets") identified on Exhibit A, in the Receivable File dated January 04, 2019 delivered by MHC Receivables, LLC and FNBM, LLC on January 18, 2019 for purchase by SOLLC III on January 18, 2019. The transfer of the Assets included electronically stored business records. SOLLC, subsequent to the above mentioned transfer, transferred, sold, assigned, conveyed, granted and delivered to LVNV Funding LLC ("LVNV"), the above mentioned Assets. The transfer of the Assets inclnded electronically stored bnsiness records. Signatures for: Sherman Originator III LLC, a Delaware Limited Liability Company, Shennan Originator LLC, a Delaware Limited Liability Company, and LVNV Funding LLC, a Delaware Limited Liability Company, By~J1~~ Name: Daniel Picciano Title: Authorized Representative Quote Link to comment Share on other sites More sharing options...
Ihatelawsuits Posted February 14, 2020 Author Report Share Posted February 14, 2020 That is a bummer, any other defenses I can use. I just want to stop the MSJ so it can move on and not go straight to judgment where I will have no defense. Quote Link to comment Share on other sites More sharing options...
Jackie1989 Posted February 14, 2020 Report Share Posted February 14, 2020 Not sure how things work in your area but, in Connecticut we have access to court records online and they are quite easy to view. If you can, I 2ould search through cases filed by this attorney and lvnv and see what's going on in their cases. On all these transfers, are they stating to be true and accurate? Ordinary course of business? Personal knowledge? Look up some caselaw on Google scholar maybe? You need to file an objection to MSJ and then a memorandum, I believe. If you can find other examples in your court system, it would be truly beneficial 1 Quote Link to comment Share on other sites More sharing options...
Jackie1989 Posted February 14, 2020 Report Share Posted February 14, 2020 It can be frustrating but, there are some great people here, brotherskeeper, Harry and bv80, to name a few, who may be able to assist you better. Don't give up but, do your homework! 1 Quote Link to comment Share on other sites More sharing options...
Goody_Ouchless Posted February 14, 2020 Report Share Posted February 14, 2020 The problem with most cases, where arbitration is not an option, is that the defendant is working with "bad facts." A lawyer explained that as meaning sometimes you simply don't have a case and there's nothing you can do. There have been cases here where the plaintiff offers settlement terms and the defendant decides to "fight.," and the result is that the final outcome is way worse than it needed to be. Quote Link to comment Share on other sites More sharing options...
Robby8900 Posted February 14, 2020 Report Share Posted February 14, 2020 CREDIT ONE BANK has a arbitration clause, which can be raised at any time before trial, if elected by either party. Doing so waives both parties right to go to court, a material issue to stop the MSJ, where the court lacks subject matter jurisdiction to render judgement on the merits. Quote Link to comment Share on other sites More sharing options...
Robby8900 Posted February 14, 2020 Report Share Posted February 14, 2020 22 hours ago, Ihatelawsuits said: Cuyahoga County You have until 2/26/ to respond. Objection raising material issue such a subject matter jurisdiction due arbitration clause. CREDIT ONE BANK has a arbitration clause, which can be raised at any time before trial, if elected by either party. Doing so waives both parties right to go to court, a material issue to stop the MSJ, where the court lacks subject matter jurisdiction to render judgement on the merits. Quote Link to comment Share on other sites More sharing options...
Goody_Ouchless Posted February 14, 2020 Report Share Posted February 14, 2020 When was the case filed? How did it get to MSJ - has anything else happened in interim? Quote Link to comment Share on other sites More sharing options...
Ihatelawsuits Posted February 14, 2020 Author Report Share Posted February 14, 2020 Case was filed 10/10/19. The sent me discovery where I vaguely answered questions without giving any information "Defendant states that after a reasonable inquiry, the information known or readily obtainable by her is insufficient to enable her to admit or deny this request". We were supposed to have our Pre-trial conference on February 24th but that obviously has been postponed until after my answer to the MSJ. MSJ was filed 1/27. Quote Link to comment Share on other sites More sharing options...
Ihatelawsuits Posted February 14, 2020 Author Report Share Posted February 14, 2020 1 hour ago, Robby8900 said: You have until 2/26/ to respond. Objection raising material issue such a subject matter jurisdiction due arbitration clause. CREDIT ONE BANK has a arbitration clause, which can be raised at any time before trial, if elected by either party. Doing so waives both parties right to go to court, a material issue to stop the MSJ, where the court lacks subject matter jurisdiction to render judgement on the merits. I don't have a copy of the credit agreement, is there someplace I can look one up? Quote Link to comment Share on other sites More sharing options...
Goody_Ouchless Posted February 14, 2020 Report Share Posted February 14, 2020 Any reason you didn't use arbitration from the start? Quote Link to comment Share on other sites More sharing options...
Ihatelawsuits Posted February 14, 2020 Author Report Share Posted February 14, 2020 8 minutes ago, Goody_Ouchless said: Any reason you didn't use arbitration from the start? Not familiar with Arbitration. Plus the costs for initial filing. Quote Link to comment Share on other sites More sharing options...
Goody_Ouchless Posted February 14, 2020 Report Share Posted February 14, 2020 Gotcha. At this point you need to do what @Robby8900 suggested - oppose MSJ based on existence of arb clause and file a motion to compel. They will counter argue that you have already engaged in substantial litigation, making arb not an option, but we can deal with that later. Quote Link to comment Share on other sites More sharing options...
Ihatelawsuits Posted February 14, 2020 Author Report Share Posted February 14, 2020 2 minutes ago, Goody_Ouchless said: Gotcha. At this point you need to do what @Robby8900 suggested - oppose MSJ based on existence of arb clause and file a motion to compel. They will counter argue that you have already engaged in substantial litigation, making arb not an option, but we can deal with that later. Is there somewhere I can find a template to do this? I really appreciate all the help I am getting! Quote Link to comment Share on other sites More sharing options...
Robby8900 Posted February 14, 2020 Report Share Posted February 14, 2020 29 minutes ago, Ihatelawsuits said: I don't have a copy of the credit agreement, is there someplace I can look one up? https://www.consumerfinance.gov/credit-cards/agreements/issuer/credit-one-bank/ 1 Quote Link to comment Share on other sites More sharing options...
Jackie1989 Posted February 14, 2020 Report Share Posted February 14, 2020 are you able to view cases in your area online? Quote Link to comment Share on other sites More sharing options...
Jackie1989 Posted February 15, 2020 Report Share Posted February 15, 2020 check this out on google scholar. read through this case and see if any thing here can help you. 2014-Ohio-1741 LVNV Funding, LLC, Plaintiff-Appellee, v. Dance Tanevski, Defendant-Appellant. No. 13AP-398. Although plaintiff's motion for summary judgment includes an affidavit from Matthew Sowell, an authorized representative of plaintiff, stating that Citibank assigned all rights in the account in question to plaintiff, such evidence is not proof of an assignment agreement sufficient to protect defendant from multiple claims. Hudson & Keyse, L.L.C. v. Yarnevic-Rudolph, 7th Dist. No. 09 JE 4, 2010-Ohio-5938, ¶ 37 (finding summary judgment was improperly granted where assignment and bill of sale did not demonstrate account in question was assigned to claimant). See also First Union Natl. Bank v. Hufford, 146 Ohio App.3d 673, 2001-Ohio-2271, ¶ 20-21 (3d Dist.); Washington Mut. Bank, F.A. v. Green, 156 Ohio App.3d 461, 2004-Ohio-1555, ¶ 31-32 (7th Dist.). 1 Quote Link to comment Share on other sites More sharing options...
Robby8900 Posted February 15, 2020 Report Share Posted February 15, 2020 Credit One Bank made changes to their arbitration clause. If "you" did not reject the arb clause, then you have waived your right to go to court. Might be worth filing a MTD, as LVNV may have waived their right to bring you to court. "If you do not reject this agreement to arbitrate, you GIVE UP YOUR RIGHT TO GO TO COURT and controversies or disputes between us will be resolved by a NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, using rules that are simpler and more limited than in a court. Arbitrator decisions are subject to VERY LIMITED REVIEW BY A COURT. Arbitration will proceed INDIVIDUALLY— CLASS ACTIONS AND SIMILAR PROCEDURES WILL NOT BE AVAILABLE TO YOU" Quote Link to comment Share on other sites More sharing options...
BV80 Posted February 16, 2020 Report Share Posted February 16, 2020 On 2/14/2020 at 8:13 PM, Robby8900 said: Credit One Bank made changes to their arbitration clause. If "you" did not reject the arb clause, then you have waived your right to go to court. Might be worth filing a MTD, as LVNV may have waived their right to bring you to court. "If you do not reject this agreement to arbitrate, you GIVE UP YOUR RIGHT TO GO TO COURT and controversies or disputes between us will be resolved by a NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, using rules that are simpler and more limited than in a court. Arbitrator decisions are subject to VERY LIMITED REVIEW BY A COURT. Arbitration will proceed INDIVIDUALLY— CLASS ACTIONS AND SIMILAR PROCEDURES WILL NOT BE AVAILABLE TO YOU" Claims Not Covered: Claims (whether brought initially or by counter or cross-claim) are not subject to arbitration if they are filed by you or us in a small claims court, so long as the case remains in such court and only individual claims for relief are advanced in the case. @Ihatelawsuits Is it filed in small claims? Quote Link to comment Share on other sites More sharing options...
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