My friend was sued by a debt collector attorney for the creditor. During a preliminary hearing the creditor’s “attorney” said that they didn’t need to show an affidavit claiming that they are the attorneys for the creditor. Even if it says the creditor’s name it is unclear whether or not the creditor has hired them to sue in court. Also, the referee wrote that the defendant – my friend wanted the statements and credit card agreement when instead she requested for the signed contract agreement. The court order has already been signed can she amend a court order.
You can’t “amend” a court order – but you can ask a court to “reconsider” it if you move quickly enough.
Regarding the party in interest – the company suing you – you could try discovery (asking interrogatories) to try to prove that a company without the right to sue you was after you. But in general this isn’t worth the effort. If they bring a suit in a different company’s name and get a judgment, they’re stuck with a very difficult job collecting. I’ve never really heard of a company trying this. Don’t think there’s a difference between “signed contract” and “credit card agreement” in a credit card case. Did you think there was one that made a difference?
Sure, that makes sense. Should he mention the offer in his answers, to take the thunder from the opposing attorneys, just to get in front of it, or just move forward with his response with language that does not admit to the debt. My friend points out that the complaint does not offer any evidence that the debt is his, should he serve them with discovery, or could that backfire and prove that the debt was his.
Hi Ken:
Yes! Yes! Yes! You were totally right about strike hard strike fast”
I went to court today. Before court started the Plaintiff’s attorney asked if he could speak to me. ( I was a little suspicious). The plantiff’s attorney asked what do you want. I said I want Dissmissal with prejudice, the plaintiff attorney asked will you drop your counterclaim. I said yes if I get the dissmissal. He said okay, He completed the papers and I didn’t have to
go before the judge. I was out of their in 10 minutes. I did do it afraid. I really did not want to go to court today. The plaintiff attorney said it was not worth it for the plaintiff on a $795 debt to proceed. They came to this decision on Friday. Everyone reading : Ken’s knows what he is talking about the Manual is worth every dollar. Plus your able to ask ken questions.
Thank you Ken so much for your patience with me and help.
shirley
Hi Ken,
You mention in your Discovery 2 video that when conducting your legal research using the search terms, “breach of contract” prima facie case on Google or in a legal library and reading cases until you see, “to prove a claim of breach of contract a plaintiff must show…” that a case may say that a Plaintiff has to show a contract, its breach, and damages. If they must show a contract in order to prove their claim, what usually validates a contract to a judge? Must it merely show the names of the parties or must it have signatures to show it is valid? I know that many contracts like loans are signed but I am not aware of any credit card contracts that have actual signatures…is there a way to find out what a credit card “contract” consists of and what judges typically recognize as a valid contract?
Thank you,
Shawn
If you’re in the library, you’ll want to look into this more specifically. In general, they argue that by using the credit card you accept the terms of credit, and that is often good enough. Of course showing the terms of credit, that you accepted them, that you used the card, etc. can be main challenges. I suggest you look at every link in the chain and, it’s true in legal cases that, the chain is only as strong as its weakest link. Attack every link.
Hi Ken,
If the Plaintiff obtained your credit report, can they use any information from the credit report as admissible evidence if they are suing you for breach of contract and the rules only say they must show a contract, breach, and damages to prove their claim?
Thank you,
Shawn
They could possibly, maybe, use it in cross-examination under certain very limited circumstances, but I would think that the rule against hearsay would very effectively block almost every use. Because they never have the contract, they’re always looking for ways to show that you accepted the contract or obligations one way or another. It’s their main challenge.
My friend was sued by a debt collector attorney for the creditor. During a preliminary hearing the creditor’s “attorney” said that they didn’t need to show an affidavit claiming that they are the attorneys for the creditor. Even if it says the creditor’s name it is unclear whether or not the creditor has hired them to sue in court. Also, the referee wrote that the defendant – my friend wanted the statements and credit card agreement when instead she requested for the signed contract agreement. The court order has already been signed can she amend a court order.
You can’t “amend” a court order – but you can ask a court to “reconsider” it if you move quickly enough.
Regarding the party in interest – the company suing you – you could try discovery (asking interrogatories) to try to prove that a company without the right to sue you was after you. But in general this isn’t worth the effort. If they bring a suit in a different company’s name and get a judgment, they’re stuck with a very difficult job collecting. I’ve never really heard of a company trying this. Don’t think there’s a difference between “signed contract” and “credit card agreement” in a credit card case. Did you think there was one that made a difference?
You have a youtube channel?
Yes. Here’s the link: http://www.youtube.com/user/Fightdebt?feature=mhee.
Sure, that makes sense. Should he mention the offer in his answers, to take the thunder from the opposing attorneys, just to get in front of it, or just move forward with his response with language that does not admit to the debt. My friend points out that the complaint does not offer any evidence that the debt is his, should he serve them with discovery, or could that backfire and prove that the debt was his.
No, definitely not. “Stealing thunder” sometimes (usually) waives the right to prevent disclosure of evidence! I like the thinking on discovery.
Hi Ken:
Yes! Yes! Yes! You were totally right about strike hard strike fast”
I went to court today. Before court started the Plaintiff’s attorney asked if he could speak to me. ( I was a little suspicious). The plantiff’s attorney asked what do you want. I said I want Dissmissal with prejudice, the plaintiff attorney asked will you drop your counterclaim. I said yes if I get the dissmissal. He said okay, He completed the papers and I didn’t have to
go before the judge. I was out of their in 10 minutes. I did do it afraid. I really did not want to go to court today. The plaintiff attorney said it was not worth it for the plaintiff on a $795 debt to proceed. They came to this decision on Friday. Everyone reading : Ken’s knows what he is talking about the Manual is worth every dollar. Plus your able to ask ken questions.
Thank you Ken so much for your patience with me and help.
shirley
Shirley, you really did great and totally deserve the victory. Congratulations!
Hi Ken,
You mention in your Discovery 2 video that when conducting your legal research using the search terms, “breach of contract” prima facie case on Google or in a legal library and reading cases until you see, “to prove a claim of breach of contract a plaintiff must show…” that a case may say that a Plaintiff has to show a contract, its breach, and damages. If they must show a contract in order to prove their claim, what usually validates a contract to a judge? Must it merely show the names of the parties or must it have signatures to show it is valid? I know that many contracts like loans are signed but I am not aware of any credit card contracts that have actual signatures…is there a way to find out what a credit card “contract” consists of and what judges typically recognize as a valid contract?
Thank you,
Shawn
If you’re in the library, you’ll want to look into this more specifically. In general, they argue that by using the credit card you accept the terms of credit, and that is often good enough. Of course showing the terms of credit, that you accepted them, that you used the card, etc. can be main challenges. I suggest you look at every link in the chain and, it’s true in legal cases that, the chain is only as strong as its weakest link. Attack every link.
Hi Ken,
If the Plaintiff obtained your credit report, can they use any information from the credit report as admissible evidence if they are suing you for breach of contract and the rules only say they must show a contract, breach, and damages to prove their claim?
Thank you,
Shawn
They could possibly, maybe, use it in cross-examination under certain very limited circumstances, but I would think that the rule against hearsay would very effectively block almost every use. Because they never have the contract, they’re always looking for ways to show that you accepted the contract or obligations one way or another. It’s their main challenge.