Sued by Velocity llc and won!!!

[Katgotsteve]

I received a notice from our local magistrate stating that I was being sued by Velocity for a lending club loan that I had gotten in 2015.  I started researching across the web on how to handle this and what the statue of limitations was on this loan.  I answered the summons and today I had the hearing.
I found this forum and would love to say thank you.  With information here as a starting point, I began to read the documents that I was served.  
I read them a few times before but nothing stood out to me.  So put them down to clear my head.  Last night I picked them up to read again and it hit me.  1. The only document with my husband’s name on it was just a document printed off the web stating his name, the amount of the loan etc.  2.  A spreadsheet was attached but didn’t have any name on it only numbers.  3.  A promissory note that was printed off the web but had no info at all on it.  All the blanks to be filled out were blank.  Only check marks were put on it.  3.  The loan agreement was printed from the web but if you look at the top where the links were it said “Hello Victoria!”. 4.  There was no document allowing velocity to collect this note.

I made the mistake of mentioning that to the lawyer as we were waiting in the hall discussing this.  He called an associate asking for them to email it to them.  We were called in while he was on the phone.  The lawyer had me sequestered while questioning my husband so I wasn’t aware of what happened while I was out.  When I came in my husband asked me to explain our side of it.  I pointed out what was missing.  Got off stand and was told that because they didn’t have the documentation and the documents they had were blank or had wrong name on it that we had won.  What I didn’t know is he had gotten a email for the documents but the judge refused to take them.  
so my advice to any one out there read the documents sent to you.  Something as simple as a missing name or wrong name helps your case.  Also hold on to your trump card don’t do like me and just spill your case.  
the best of this is now we don’t owe the money but the lawyer came to me and commended me for my argument.  He said he didn’t expect anything like that to happen.  So hold your head up and good luck!!

[BV80]

@Katgotsteve

Congratulations!  Thank you so much for sharing your experience with us.  It not only lifts our spirits but also provides hope, inspiration, and guidance to other readers.  ???

 

[Brotherskeeper]

On 4/6/2021 at 1:43 PM, Katgotsteve said:

so my advice to any one out there read the documents sent to you.  Something as simple as a missing name or wrong name helps your case.  Also hold on to your trump card don’t do like me and just spill your case.  
the best of this is now we don’t owe the money but the lawyer came to me and commended me for my argument.  He said he didn’t expect anything like that to happen.  So hold your head up and good luck!!

@Katgotsteve Very good advice: read and re-read all your documents. As you do your research and gain knowledge, you see them in a different light. The attorney and his firm did not read their own documents. Perhaps he thought his sloppiness wouldn't matter. Perhaps it usually doesn't matter for him or other judges he draws. He underestimated you. Your judge was not persuaded by his last minute efforts. Your judge did find your arguments persuasive. Well done and congratulations! And thank you very much for posting your experience and advice here.