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Infolawyer
Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6637
Experience:  Licensed attorney helping individuals and businesses.
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Lucy please kindly refer to my previous question concerning

Customer Question

Lucy please kindly refer to my previous question concerning the matter of a stolen vehicle under pretense of "reposession". There are some new major developments. The crooks who were withholding my vehicle STILL HAVE NOT RELEASED the vehicle back to me.
Instead this past Friday my elderly husband was tricked into receiving some papers by some con-woman dressed in street clothing that infact was a Complaint/Notice of Law Suit in District Court (Las Vegas, Nevada).
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm sorry to hear that you're getting sued.

What does the Complaint/Notice of Lawsuit say? Why are you being sued? And what are your specific questions about this new development?

Customer: replied 1 year ago.
You should also know that arrangements made with the Camping Companies to obtain property that was inside the vehicle at the time it was taken was DENIED per the instruction of Chuck Road at Rapid Cash to the Camping Companies who was holding the vehicle in their possession until December 4, 2015 where it was transferred to Manheim Nevada which is the Greater Auto Auction yard.
We also pursued legal assistance from Nevada Legal Services approximately 2 weeks past and it was assigned to one of their attorneys who last Wednesday indicated he had drafted a Complaint/Lawsuit against Rapid Cash but that "it was pending the approval of his directing attorney." On Friday, December 11, 2016 my husband was handed some paperwork containing a notification indicating that I and another lady by the same name were BEING SUED in District Court by an attorney representing Rapid Cash. During the course of previous conversations with Rapid Cash it was clear that this company stated they are NOT required to utilize the middle names of clients seeking title loans and that they DID NOT have that information on the title loan contract. Infact one of the Supervisors said to me that I "was stupid because middle names aren't required even if the vehicles title utilizes them." Now all of a sudden on this lawsuit they are alleging 1) The person who took out the title loan was none other than my own self utilizing my full name (First, Middle and Last Name) spelled out 2) OR that I have a relative that has the EXACT SAME NAME who obtained the title loan with permission from myself making me aware of the debt all along OR 3) that Rapid Cash being such a 'Mother Theresa Operation' provided the means and instructions for Mrs. Soriano to recover her vehicle if she was a victim of identity theft but she had "REFUSED TO COOPERATE". You are reading this right their law suit is a bunch of speculatory theories based on frivolous allegations. Furthermore, they are now alleging that they have a Drivers License with my full name (first, middle and last name) which we know for a fact they DO NOT have unless their company fictitiously fabricated one or received a copy of a FAKE ID. The whole argument that the vehicle title was pawned by a family member is false because the property address they have on the title loan contract is UNKNOWN any member of this family, the "daughter/female relative" they are trying to scapegoat has lived in Utah for over 4 years and DOES NOT have any middle name and furthermore was herself a victim of identity theft for which a police report was filed and a FTC complaint over 5 years past if not longer. The paperwork indicating a lawsuit had been filed is still utilizing this other purported address unknown to any member of this family but it was SERVED in a covert fashion to my home from which the vehicle was taken on 10/30/2015. We are more so disturbed that in looking up the case information from the District Court website we find that it names 2 Defendants of similar name one WITH and one WITHOUT the Middle Name spelled out.To conclude we are seeking your legal advise because the attorney at Nevada Legal Services has opted to NOT REPRESENT me in this case because he states "the elements contained in the complaint presented by the other side require more complex litigation and this is beyond our scope at this time". Lucy, can you help draft documents through this service? We would appreciate an attorneys guidance in the wording we would file with the court if we are attempt to try this Pro Se. We know the people with this company and no doubt their hired gun attorneys they will be ruthless and judges out here are known to be partial to them. If there is an option for additional assistance from you we can upload the exact document indicating the lawsuit to you.
Expert:  Lucy, Esq. replied 1 year ago.

I'm sorry, but I'm not able to draft documents for you or review papers that you're planning to file. Any local attorney can do that for you, but the type of assistance you're asking for now is unfortunately beyond the scope of this site.

Customer: replied 1 year ago.
I have seen past questions where attorneys have actually drafted wordings and pleadings guiding the users of this site to a document they could tweak/file.If I show you document we draft could you review them and help improve or correct them to a more "lawyerly" appearance?
Expert:  Lucy, Esq. replied 1 year ago.

I'm sorry, but no, I cannot do that, as I am not licensed in your state. I am happy to opt out to see if there is another lawyer who is willing to do so.

Expert:  Lucy, Esq. replied 1 year ago.

Have a good day, and good luck.

Customer: replied 1 year ago.
That would be appreciated if you can find any Just Answer affiliated attorneys that practice in Nevada, thank you.
Expert:  attyadvisor replied 1 year ago.

I am a different attorney. Your original attorney opted out. I am not sure what other attorneys on the site have been willing to do in violation of their licenses, however, pursuant to the terms of service of the site we cannot draft legal documents for you or provide legal advice as we are a general information site and are forbidden from creating an attorney client relationship with the customers of the site. That being said it would be my pleasure to review what you have drafted and provide you with a link for attorneys in your area that provide free consultations.

Customer: replied 1 year ago.
This matter isn't finished need more questions answered. Please refer to this question and to the previous question that Lucy Esq. was involved in for major details.
Customer: replied 1 year ago.
Taking into consideration the facts of this case I want to ask for your expertise in evaluating my understanding logic in the following "Affirmative Defenses" I intend to invoke in the Defendants Answer to Plaintiffs Complaint."Assumption of the Risk" and "Contributory Negligence" based on a guide for self representation they sound very similar. I am thinking they apply in this case in the sense that the clerk working at Rapid Cash who gave out a tile loan and accepted my vehicle title as collateral FAILED to properly identify the owner of the vehicle, case and point obtaining a fictitious drivers license that DOES NOT have my FULL LEGAL NAME (meaning first middle and last name spelled out and with proper spelling), and failing to verify with their database link to the Department of Motor Vehicles that the vehicle VIN# ***** identified the legitimate owner of the vehicle FAILING TO MATCH the details contained on the purported drivers license (social security, home address, date of birth) the clerk allegedly copied from the mystery person. I will need a legal reference here from you as an attorney but as I read and understand all businesses involved in financial transactions such as the issuance of loans (in this case vehicle title loans) are obligated to go through some type of multi point process to establish the identity of the individual who is seeking a loan from them to include their valid name, date of birth, social security number, home address, credit check and in the case of collateral establish their TRUE OWNERSHIP of the item being pledged as collateral. This is my argument as it relates to these two "Affirmative Defenses" please cite a legal reference to support my ideas and give an opinion if the argument fits with two particular "affirmative defenses".Next is the "Failure of Consideration" defense which I feel applies to the nature of this situation because if I was NOT the individual who came into a Rapid Cash location and pledged my vehicle title and NEVER signed a title loan contract nor received ANY MONETARY FUNDS, then I am NOT the individual owing this debt, I have NOT pledged my vehicle, I have NOT conducted any business transaction or solicited funds from this company AND AS SUCH THEY CAN NOT ASK THE COURT TO AWARD THEM MY VEHICLE TO SELL VIA AUCTION FOR PAYMENT OF AN ILLEGITIMATE DEBT. They have alleged in their complaint they collected a Drivers License but I happen to know for a FACT they DO NOT have a copy of my Drivers License NOR any authentic signatures from me. Their argument is a smoke screen to try to make their argument plausible at the expense of defrauding and violating my rights. Please share your comments, amendment suggestion and any legal reference I can use here as additional backup.Similarly to the above it sounds reasonable to me to invoke "Fraud" and "Illegality" and even "Statute of Frauds" as an "Affirmative Defenses" because the attorney representing this company has LIED stating that this company has in it's possession a copy of my drivers license with my FULL NAME (first, middle and last spelled out) yet on their complaint they have MISSPELLED my Middle Name, has an UNKNOWN ADDRESS (yet they served this complaint at my home) and as verified from previous limited interaction with their collection staff and as noted in their complaint they ADMIT another individual substantially YOUNGER than myself is the alleged perpetrator who they are trying to FRAME as being one of my children. **If I am NOT the party who visited the Rapid Cash and turned over my Vehicle Title, signed a contract, and DID NOT receive any Loan Funds then this CONTRACT is ILLEGAL & UNENFORCEABLE against my person or MY PROPERTY. Again please share your opinion on my argument with any suggestions and legal supporting references you can provide.Concerning the "Unconscionability" defense option it is my argument that the attorney representing the Plaintiff is out of bounds and unjustified in trying to violate my rights to my property by specifically asking the court to "grant his client the statutory and contractual right to sell the vehicle in their possession (my property) AND to award them "special damages" for his clients attorneys fees, and costs of suit pursuant to the contract." These people are attempting to defraud and hijack the ownership of my vehicle and as if the debt they allege is still owing to them wasn;t enough injustice they want to INFLATE the AMOUNT OF THE DEBT by adding attorney fees and their lawsuit costs. This company has been aware very early on that this vehicle is MY PROPERTY and the identifying information for their alleged borrower DOES NOT match the Department of Motor Vehicles Title Information for the Registered Owner of this vehicle! This companies incessant and malicious attempt to take my property regardless of the illegitimacy of this debt to my particular property is UNCONSCIONABLE. I spent approximately $35,000 to pay off this vehicle!
Customer: replied 1 year ago.
I also believe that the "Offset for violation of FDCP" is an affirmative defense that applies. In addition to the warning letter of INTENT TO SUE and DEMAND for the RETURN of my vehicle that Lucy had suggested sent an FDCPA style letter asking for "written verification of the validity of this debt". This letter was sent certified and received on the same date BUT NEITHER LETTER was responded to. Furthermore, there has NEVER been any written correspondence or billing statements, demand for payments sent to my home address by Principal Investments Incorporated or d/b/a Rapid Cash. On yet another date they refused to provide a copy of the vehicle loan contract with an in person visit. If these people are going to SUE over an alleged debt they feel can be paid for by STEALING & SELLING my personal vehicle then it should follow that they should have provided documentation concerning the debt to me. Please comment on this and provide any support to use in this area.FYI Affirmative Defenses set forth in Nevada Rule of Civil Procedure 8(c)

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