motion to dismiss hearing

[39thstreet]

I am new at this self defence stuff & am open to any suggestions.
I am being sued by the collection agency that was assigned my account by the bank.
The contract in question is clearly a line of credit. The complaint alleges it is a automobile financial agreement. The complaint goes on to mention at least 8 times, a cardholder, a credit card, a vehicle & a vehicle financial agreement & how I used the vehicle when in fact there is no mention in any of the bank's papers any mention of those terms.
I attended a pre trial meeting & the plaintiff attorney told the judge it is an automobile issue. Before the meeting I had filed a motion to dismiss with predjudice, since the attorney verifies by his signature that everything in the complaint is true & he failed to perform due dilligence.
The motion hearing is this month.
I also have 4 arbitration awards from NAC in Florida from last March. Still unconfirmed. One of them is this account. I was told by a debt elimination company that my awards are no good. My first question is should I even mention my award ?
Should I file a VOD in this case before my hearing ?
Thanks for any suggetions.

[Jerseee]

Welcome to the forum 39thstreet.

What a mess huh?

Well I can tell you this much. No one here (that I know of) can give legal advice or would dare to (someone might).

Next, you should study more before leaping out there with this information.

Finally, make your accusor prove their claim first. And stop arguing until they do. Never argue over an alleged debt until it is proven. And you are not their witness--so asking you questions about the alleged account is useless. you are not there to prove their case since you cannot be a witness against yourself. This is why I say, NEVER ARGUE. Once you start arguing, you will be tripped up and the next thing you know you will be defending yourself and your accusor will not have to get proof since you will admit to everything through your rigorous defense of your actions.

Go study.

Originally Posted by 39thstreet

I am new at this self defence stuff & am open to any suggestions.
I am being sued by the collection agency that was assigned my account by the bank.
The contract in question is clearly a line of credit. The complaint alleges it is a automobile financial agreement. The complaint goes on to mention at least 8 times, a cardholder, a credit card, a vehicle & a vehicle financial agreement & how I used the vehicle when in fact there is no mention in any of the bank's papers any mention of those terms.
I attended a pre trial meeting & the plaintiff attorney told the judge it is an automobile issue. Before the meeting I had filed a motion to dismiss with predjudice, since the attorney verifies by his signature that everything in the complaint is true & he failed to perform due dilligence.
The motion hearing is this month.
I also have 4 arbitration awards from NAC in Florida from last March. Still unconfirmed. One of them is this account. I was told by a debt elimination company that my awards are no good. My first question is should I even mention my award ?
Should I file a VOD in this case before my hearing ?
Thanks for any suggetions.

[charlesa6]

39thstreet, welcome to the forum!

[39thstreet]

In order not to argue with the creditor is it OK to change my mind about my motion to dismiss & instead request a VOD simular to Jerseee's downloaded version ? Before this lawsuit was filed against me I had requested & received all of the bank's papers relating to this account. I mostly received copies of monthly statements, a copy of the application for a line of credit & some copies of the bank's internal correspondence regarding my account.

[Jerseee]

demand to examine the original application.

[Ice]

During your hearing you should question everything that you mentioned in your first post... ask for the documents that demonstrate the account is for an auto loan, etc. By doing this you will demonstrate that the complaint is faulty and that the plaintiff may be attempting to perpetrate a fraud upon the court.

Asking questions is not "arguing".

"Is Counsel prepared to demonstrate that this account is, in fact, an automobile loan?"
"Does Counsel agree that the account in question is, in fact, a line of credit and NOT an "automobile loan."

By the way, was the account "secured" or "unsecured"?? I do believe that there is a post demonstrating that "unsecured" loans can be moved to Fed Court and collectors don't like going there.

[KITCHIE]

In Nevada a friend Motioned the Second Judicial District Court to move to Fed court. Motion Granted.

Glich...Fed court won't hear cases unless they are $75,000. or more.

Ya know that kind of resembles the way city and state courts are set up. Cities can hear cases up to $7,500. Justice courts up to $15,000. and District Courts up from there.

Kitchie

[scottinalaska]

Now, if a "loan" is taken out to buy an automobile, the automobile is repossessed, does that make the once "secured" loan now UNsecured?
Kitchie, bummer to hear about the FedCourt minimum amount. I was really "banking" on that one.

[Judge Roy Bean]

Originally Posted by KITCHIE

In Nevada a friend Motioned the Second Judicial District Court to move to Fed court. Motion Granted.

Glich...Fed court won't hear cases unless they are $75,000. or more.

Ya know that kind of resembles the way city and state courts are set up. Cities can hear cases up to $7,500. Justice courts up to $15,000. and District Courts up from there.

Kitchie

FYI - The federal courts will hear cases for less than $75K if there are multiple parties in different states (diversity).

[BOBT12]

Originally Posted by Judge Roy Bean

FYI - The federal courts will hear cases for less than $75K if there are multiple parties in different states (diversity).

Thanks JRB, I will keep this information in mind.