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Infolawyer
Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6606
Experience:  Licensed attorney helping individuals and businesses.
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I am in need of assistance now. This matter has been

Customer Question

I am in need of assistance now. This matter has been previously raised but the current status is "closed". I need an an online attorney to please respond and answer my question as I am preparing to file an Answer to a Complaint tomorrow in Clark County Nevada District court. This is to do with a dispute over an illegal theft of a vehicle masked under pretense of "repossession" and the willful refusal of a title loan company to return the vehicle despite the fact I was NEVER the borrower or individual who entered into any loan contract with they. This situation has spiraled to an obscene adversarial situation whereby the thieving party has filed a lawsuit against me, please HELP!
Submitted: 11 months ago.
Category: Consumer Protection Law
Customer: replied 11 months ago.
This matter has been initially looked at by Lucy Esq. and Attorney2. Please access those last two threads containing all details thus far. If they are inaccessible please tell me i'll copy & paste it all over into this new question with you.
Customer: replied 11 months 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 Tuesday, December 8, 2015 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.
Customer: replied 11 months 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 11 months 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)
Expert:  TJ, Esq. replied 11 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to help if I can.

However, you've written quite a bit, and attached a document for review. Quite frankly, I am not going to review the document and all that you have written without first knowing what exactly you need answered. After all, it would likely take me 45 minutes to review and digest it all, and I'm sure that you can understand that I would be very frustrated to learn at the end of it all, that I cannot help you (or that you no longer need help).

Accordingly, can you please summarize your question in 2 or 3 sentences?

Thank you!

Customer: replied 11 months ago.
Unfortunately the amount of detail was necessary and was because this matter has been dragging on for some time. I started off with Lucy Esq. who opened up the question because she said she couldn't help with drafting of docs or template which is part of "Expert Service" and later Attorney2 commented but didn't offer much help only offering to review any documents I wrote but then without explanation suddenly submitted for a DIFFERENT Consumer Protection Lawyer to answer instead, everytime the referral was made to another things fell between the cracks. Since Attorney2 referred this to another expert I have received no answer even now. You can go back and find the CLOSED QUESTION to Lucy Esq. and you'll have all the details you need.Basically my vehicle was illegally taken under false pretense of repossession. I never had any business with the company who took an action. I never signed a contract or received loan funds for a title loan. I filed complaint with a state body and had some communication to a representative of Rapid Cash they know it is my vehicle and their information clearly doesnt match my own, yet they have refused to return my vehicle. They attempted to coerce me to incriminate a party that has not lived in clark county or with me for years. Each place that has housed me vehicle has wanted to return the vehicle to me but say they are contractually obligated to Principal Investments Inc who ordered the action.
Expert:  TJ, Esq. replied 11 months ago.

Hello again.

Unfortunately, we cannot draft documents for you, as that would bind us into an attorney-client relationship, and that is simply beyond the scope of this service. We can answer basic legal questions to help you to either understand your situation, or get you on the right track for dealing with your legal issue. If you need an attorney to draft documents, and otherwise give you specific legal advice, then you will need to retain a local attorney.

With that out of the way, what exactly is your legal question?

Thanks.

Customer: replied 11 months ago.
I am at a loss what else you need from me. You are asking what are my questions but they are already stated above. You say drafting documents is beyond the scope of this service but i have already dropped that request hearing what you and a prior peer have already said . Please take the time to read above answer those questions above about affirmative defenses questions. Lets not ignore my issue like several of your peers have already done unfairly.
Expert:  TJ, Esq. replied 11 months ago.

Hi again.

I'm really sorry, but I don't think that I'll be able to help you.

However, I will open your question for other attorneys to review. Thank you for using our service.

Customer: replied 11 months ago.
Yet another individual passes the buck. Why have these so called experts here pretending they care about helping other people with legal issues if they are so frustrated and unhappy with the terms of the Justanswer service whose biggest issue in their eyes is the limited pay they receive for answering questions. So disappointing....................