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Roger
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 27250
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Mr. Roger , quick update my mgr notified the def about his

Customer Question

Mr. Roger , quick update my mgr notified the def about his bill owed and the car is accrueing storage but we never heard from the def or his atty until the other day we were served with a lawsuit whereas the atty is sueing us for failure to release the Kia to def and rental expenses but there are three questions I have ;

1. He sued the owner but had him served at the repair center office versus the corporate address per the Corp docs filed with the state so is the lawsuit defective?
2. Since I think the lawsuit is defective do I answer the suit ?
3. Is the atty for def filing a frivolus lawsuit because they should have countered suit in the small claims case we won ?

Thanks
CS1
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Roger replied 1 year ago.

Roger : Hi - thanks for requesting me. I'll be glad to assist.
Roger : 1. No, service is not likely ineffective because the service was made at the repair center.
Roger : 2. Yes, you would answer the suit either way. Even if you believe that the case is defective, you would still respond by filing a motion to dismiss.
Roger : 3. It may not be a frivolous lawsuit, but you could also make a motion to dismiss based on res judicata (the matter has already been heard).
Customer:

Thanks Roger , my boss asked do we file a motion to dismiss res judicata & motion for sanctions as well ?

Roger : You can file one motion to dismiss based on res judicata and also ask for sanctions due to the frivolous filing of this action.
Customer:

ok will do sir appreciate your quick reply s

Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 27250
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 3 other Bankruptcy Law Specialists are ready to help you
Customer: replied 9 months ago.

Roger , regarding the lawsuit we got last year , I have a question . The letter from the attorney who filed the lawsuit stated in his demand to release his client car gave us 2 weeks to respond in writing which we did including space charges accrued but my question is in his demand he never offered offered in writing any amount to pickup his clients vehicle so what could I state in the motion to dismiss beside his lawsuit is defective such as there was no monetary offer to pickup the car whatsover ?


 


CS1

Expert:  Roger replied 9 months ago.
Hi - thanks for contacting me again.

You certainly could claim that if an offer to pay the fees had been made, you would have accepted it and released the vehicle. However, no offer to pay he lawful debt was ever made.
Customer: replied 9 months ago.

Thank you sir appreciate the quick reply


 


CS1

Expert:  Roger replied 9 months ago.
No problem. Please let me know if you need anything further.
Customer: replied 9 months ago.

Mr Roger ,


When I file my counter suit & motions for sanctions does the contention of the plaintiff filing signing an affidavit under penalties of perjury how do i word that on the counter suit when in fact he lied under oath on that affidavit because the plaintiff signed our repair order that clearly stated we could sign his name on his behalf on any and all checks pursuant to the repairs ?


 


CS1

Expert:  Roger replied 9 months ago.
Perjury is a criminal offense, and would likely have to be pursued in a criminal court.

However, you can allege that the other side committed fraud upon the court by executing and presenting a false affidavit.

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