Case Dismissed

hannah · 07-21-2007, 10:55 PM

BoA is not an assignee. And there have been attorneys disbarred for sewer service. One even spent some time in jail.

I am signing off for the evening as I can't type anymore. Am in pain. Vicodin time.

cajunbulldog · 07-21-2007, 11:53 PM

Quote:

Originally Posted by hannah

BoA is not an assignee. And there have been attorneys disbarred for sewer service. One even spent some time in jail.

I am signing off for the evening as I can't type anymore. Am in pain. Vicodin time.

Share please!!

rubyruby27 · 07-22-2007, 01:29 AM

I only know Florida law so I am throwing this out to see if you have looked at different things.

In Florida according to the RCP's if they are claiming written instrument it must be attached to the summons, otherwise the lesser SoL applies.

Does NY RCP's have anything like that in the RCP's if they do that's how you would attack that.

I know you are not claiming SoL, I am trying to show you different avenues.

I think your letting semantics get in the way. Your demanding a written contract, when there are different ways to sue without a contract.

If it were me I would look at the RCP's to see if they have to attach anything to the summons to claim a written contract if they do you attack it from that area.

I would motion to strike the affidavit based on hearsay which results in parol evidence and it violates best evidence. You would have to look up the best evidence statutes for your state.

I would motion to strike the statements based on the above. Once I was successful in getting them striken I would file a MSJ as there are no triable issues.

Also the case I posted is really about usury laws, I would look at the interest they are claiming and see if it legal to according to NY laws. If not attack it.

I don't think you have given enough info for others to help in regards to the suit.

how much? When did you breach the alleged debt?

spinn · 07-22-2007, 03:15 AM

Quote:

Originally Posted by cajunbulldog

Share please!!

Hannah may be referring to this case:

For Southfield lawyer, civil suit adds to a collection of problems.(Howard Alan Katz) - Detroit Free Press (Detroit, Michigan) (viaKnight-Ridder/Tribune Business News) - HighBeam Research

He spent less time in jail than Paris Hilton...really.

hannah · 07-22-2007, 12:31 PM

Quote:

Originally Posted by cajunbulldog

Share please!!

Share what?

hannah · 07-22-2007, 01:13 PM

To the OP: What part are you being sued in? It should say on your summons. Rules are different for different parts.

jlynn · 07-22-2007, 01:21 PM

Quote:

Originally Posted by IC Anonymous

Please refrain from clogging this thread with pro-ca/oc propaganda. Use another thread for that. If you don't approve of what's being discussed, please close your browser; change the web address, or shut down the computer altogether.
Thanks in advance.

So, you are really just looking for Yes Men?

acebo · 07-22-2007, 02:20 PM

Please forgive me, if i am reiterating something that was already mentioned. I've only skimmed the thread, because of it's length.

Have you gone to the County Clerk's office to copy everything that is in your file? I am also being sued by an OC through the CA and had sewer service. When I went I found two Affidavits of Service and different dates on my "additional" copy of my Summons from the same Summons filed in court. The CAs along with being sleazy are very sloppy. You might be better off getting your cased dismissed on the sloppy road. Just a thought.

IC Anonymous · 07-22-2007, 02:33 PM

Quote:

Originally Posted by jlynn

So, you are really just looking for Yes Men?

How about this additional info:

For anyone that wishes to help me defeat the allegations brought against me, please do contribute. Otherwise, be gone!

IC Anonymous · 07-22-2007, 02:39 PM

Quote:

Originally Posted by hannah

To the OP: What part are you being sued in? It should say on your summons. Rules are different for different parts.

On my motion to file a late answer the court wrote in Part 34.

The post card they sent me for the conference says Part 11

The summons doesn't state a part number on it.

cajunbulldog · 07-22-2007, 02:57 PM

Quote:

Originally Posted by hannah

Share what?

The meds!! Figured I was being plain enough.

jlynn · 07-22-2007, 03:02 PM

Quote:

Originally Posted by IC Anonymous

How about this additional info:

For anyone that wishes to help me defeat the allegations brought against me, please do contribute. Otherwise, be gone!

With that attitude, I'm gone.

cajunbulldog · 07-22-2007, 03:04 PM

I am going to go with the majority on this one. There is case law in a lot of states that an account stated suit does not require a contract. A oc going for account stated is very easy as they will provide statements showing charges and payments.They will also probably provide a copy of the tos for the account which will have a clause stating that by using account,you are agreeing to payment of account.I wish you luck because you are definitely gonna need it.

IC Anonymous · 07-22-2007, 03:17 PM

Quote:

Originally Posted by cajunbulldog

I am going to go with the majority on this one. There is case law in a lot of states that an account stated suit does not require a contract. A oc going for account stated is very easy as they will provide statements showing charges and payments.They will also probably provide a copy of the tos for the account which will have a clause stating that by using account,you are agreeing to payment of account.I wish you luck because you are definitely gonna need it.

As has been brought forward earlier in the thread, there is a question as to whether the OC is truly brining this action. I am under the impression it is the CA atty that is brining this action, and has attempted to gain a default via sewer service. If BoA was truly in this, they wouldn't have retained the services of sleazoid debt collection attys. The caliber of lawyer being used in this case doesn't line up with BoA.

Therefore, I am resolved to challenge the allegations brought forward, and need some education on how to: request documents via discovery; strike the testimony of the Agent from BoA as hearsay; attack the paperwork file on the case itself; and any other weapon to use.

tonybologna · 07-22-2007, 03:30 PM

I'm with jlynn and cajunbulldog. Good LUCK!

IC Anonymous · 07-22-2007, 03:38 PM

Quote:

Originally Posted by acebo

Please forgive me, if i am reiterating something that was already mentioned. I've only skimmed the thread, because of it's length.

Have you gone to the County Clerk's office to copy everything that is in your file? I am also being sued by an OC through the CA and had sewer service. When I went I found two Affidavits of Service and different dates on my "additional" copy of my Summons from the same Summons filed in court. The CAs along with being sleazy are very sloppy. You might be better off getting your cased dismissed on the sloppy road. Just a thought.

I have made a copy of the summons and complaint.
The only thing that might be off would be any additional information needed to support an account stated claim. The only thing in the file is the affidavit of fact from an agent of OC.

I need a sample motion to strike this as hearsay.

hannah · 07-22-2007, 03:55 PM

Quote:

Originally Posted by IC Anonymous

On my motion to file a late answer the court wrote in Part 34.

The post card they sent me for the conference says Part 11

The summons doesn't state a part number on it.

Call the court clerk tomorrow morning and find out for sure as there are different local rules for different court parts like are you in a city court outside NY.

hannah · 07-22-2007, 04:03 PM

Quote:

Originally Posted by cajunbulldog

The meds!! Figured I was being plain enough.

Oh, I broke my wrist. At first they thought I had only ruptured the ligaments and tendons and then Thursday the radiologist called a