validity of chain of assigment -need help.

Date: Sun, 01/09/2011 - 07:41

Submitted by anonymous
on Sun, 01/09/2011 - 07:41

Posts: 202330 Credits: [Donate]

Total Replies: 2

Update... We went to the second case management on Nov. 6th and the Lwayer representing LNVN still failed to provide the Chain of assigment. The judge set up the trial date for March 1st, 2011 and said to file a motion to dismiss the case if the lawyer does not provide the documents requested 60 days prior to the trial. Now he turned around and sent a generic computer print out showing the Resurgent Capital History with many campanies including LNVN on Dec 13th to prevent me from filing the motion as the judge sugessted. In adition he attached a photocopy of a bill of sale ( generic too) with no speicific about the account in litigation nor a signature of the debt buyer on the bill of sale. Howver they was a stamp of an officier form Citi. Also an afidavit was included form one of the multiple companies listed employees and the affidant pointed out an error in the asigmment. I'm gatthering defense elements now and I would love to have some helpfull elements to include in my defense. By the way the attorney sent along with the so called chain of assigment with a stipulation letter to settle the account in full with his own terms but I ignored the whole thing becasue I need to face him in court.
I will definetely give you an update regardless of the outcome of the litigation so you know
what to do in the future.
Thank you.

Invalidity of teh chain of assignment.can I also file a motion a

Can I also file a motion to dissmiss the case based on invalid chain of assigment and insufficient proof of the debt at this point or just wait till the trial date and put him in a tough spot?

lrhall41

Submitted by on Sun, 01/09/2011 - 07:44

( Posts: | Credits: )

You can file a motion for anything, not that it would be granted

You can file a motion for anything, not that it would be granted. A motion to dismiss for insufficiency and lack of valid evidence would be my choice. How interesting that the judge gave you such direction. That's a good thing. In my case the judge provided no direction at all. Some people believe they should not provide any direction but in matters pro se I disagree, he was telling you what you could do, not what to do imo. He told you what was available and left it to you to decide your course of action.

lrhall41

Submitted by Gretchen VonDerhoff on Sun, 01/09/2011 - 16:05

( Posts: 259 | Credits: )