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Grounds for Dismissal?????

Date: Tue, 10/06/2009 - 13:35

Submitted by figures2000
on Tue, 10/06/2009 - 13:35

Posts: 249 Credits: [Donate]

Total Replies: 8


I have sent Discovery and I have gotten no Response from the CA JD Buyer , It has now been over the 30 day limit that you must answer, My Def is No Business Relationship with Plaintiff, Could I request a dismissal before the case managment Conf ?????


You could request dismissal whenever you like, but at this point I would not recommend it. I would first request that the court compel discovery. that is the usual next step in the process--the court will order them to produce what was asked for. If they fail to do so this time, within the time frame the court orders, I would then definitely request dismissal with prejudice.


lrhall41

Submitted by skydivr7673 on Tue, 10/06/2009 - 15:52

( Posts: 2036 | Credits: )


Once I get the Motion to dismiss paperwork at my Court house, How do I go about wording it to the court on the form, Do I basically say, I have No Business Relationship with Plaintiff and I have requested Documentation from the Plaintiff and they have yet to supplied it in the Time frame allowed by the Count, and under the Mercy of the Court I Ask the Court to Dismiss this case with prejudice?????


lrhall41

Submitted by figures2000 on Wed, 10/07/2009 - 07:14

( Posts: 249 | Credits: )


Got my Answer back today for my Interrogatories and prod of Documents, they sent me mostly the same paper work, 5 old statements and the same affidavit of debt and bill of sale that does not have any info of me or my account number on it,

they also included a credit card agreement with none of my personal info on it as well, I cant even read it, I can only see a year of 1999, they also included a second Affidavit of debt stating that once a account number is open and the account is transfered or charged off a new account number is asigned and thus the 3 different account numbers they have provided me about my account will correspond to the same account,


on the interrogatories Cach LLC is claim there not a debt collector and they do not collect debt, Then what are they and what are they collecting ????, Also they said they do not have my signed loan agreement or credit card App, it has been destoryed, They are claiming there a assignee of a debt, if there a assignee then who owns the Debt, this all sounds like Bull shit


lrhall41

Submitted by figures2000 on Tue, 10/13/2009 - 13:26

( Posts: 249 | Credits: )


also they state the account was open March 3rd 1995 with bank of america, when in fact I never opened a account with back of america, I opened a account with Fleet back in 94, then at some point Fleet bank was purchased by Bank of america , looking over the statements they supplied me, even when the banks changed the Account number stayed the same


lrhall41

Submitted by figures2000 on Tue, 10/13/2009 - 13:27

( Posts: 249 | Credits: )