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Joseph
Joseph, Attorney
Category: Legal
Satisfied Customers: 7279
Experience:  I have 15 years experience in the legal field, currently specializing in criminal and family law
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I am being sued for a credit card.The hearing is coming up

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I am being sued for a credit card.The hearing is coming up May 14.I requested to see all contracts in my discovery.they showed statements but no SIGNED CONTRACT SO I DID A MOTION TO COMPEL for signed contract.They said i did not ask for a SIGNED CONTRACT in discovery just contracts.They addmitted in their response they don't have signed contract and dont need it to prove debt owed.However,when they, way back, gave me 30 days to validate debt i specifically asked for signed contract twice since they never responded within the 30 days.Do u think I have any chance to beat these guys?
Separately,I asked how much they paid for the acct(knowing they paid basically nothing).They said it is trade secrets.I am trying to prove undue enrichment----is this argument a waste of time? Thanks
Submitted: 2 years ago.
Category: Legal
Expert:  Joseph replied 2 years ago.

I appreciate the fact that you are doing more than the average pro se litigant and are actually getting involved in the discovery process. However, I would suggest that these issues will ultimately provide you little relief.

 

As to the contract, while it would help their case to have a signed contract, it is not required. They can prove a contractual relationship by way of your testimony or even by way of the fact that you clearly used the credit card.

 

Similarly, I don't see the unjust enrichment argument getting you very far. The definition of unjust enrichment is a benefit for which the one enriched has not paid or worked and morally and ethically should not keep. Unfortunately, your situation does not meet either part of this definition. First, they did pay for the benefit. Second, there is nothing morally or ethically improper here.

 

I regret that my answer is unfavorable, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than a truthful response.

 

Please let me know if anything requires clarification.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Customer: replied 2 years ago.
Have u seen the lack of signed contract work? The ethical part would be they buy the debt for nothing a get full face amount.How is that ethical and moral especially when the bank they bought it from was bailed out by the government(Wash Mut).I know this is probably a waste but i think this unproductive preying on people who are down and out for full face amt when they buy it for nothing is unethical.i actaully have thought about exposing this blood sucking situation especially given the government bailed the original creditor out.Thanks
Expert:  Joseph replied 2 years ago.

In the context of credit card debt, no, I have not seen the lack of a signed contract work for the defendant.

 

As to the ethical issue, the law does not consider the purchase of debt for a low price to be unethical. If the original creditor wants to sell for pennies on the dollar, that is their right and it does not create an ethical issue for the buyer. From a purely legal standpoint, unjust enrichment could more easily apply to the dismissal of the case. If the case were dismissed because of the sale of the debt, the debtor would be unjustly enriched in that he would have been relieved of the debt that he created.

 

I'm sure these are not the answers that you want, unfortunately, these issues simply will not prevail for you.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Customer: replied 2 years ago.

One last question and then i will hit answer.Is there a pretrial.Somebody told me they try that to settle the case before trial? Also ,the assignment of my debt the bill of sale is very general where it says they sold 300mil totaling 120,000 accts. without my name on the assignment.They just attach my name and acct number but nothing showing my name and new creditor.--is that an opnening?

Finally it just seems these junk debt collectors actually due unduly enrich themselves on accts they buy for nothing.That should be banned or at least the funds should go back to the original creditor not to unproductive lawyers(no offense to u).I know i have my faults here for getting in my situation but it seems like a joke segment in our economy which I have thought about exposing and explaining to CNN or some other investigatibve news channel.My plaintiff said they would not reveal how much they bought the acct for due to TRADE SECRETS ---what a joke!

Expert:  Joseph replied 2 years ago.

Yes, settling a case before trial is always a viable option. It would be prudent to contemplate what you would consider a satisfactory result. There are two primary factors to take into consideration, the amount of the settlement and the time you would need to pay.

 

As a general rule, the less money you want to pay, the more quickly you should offer to pay it. For example, if you offered $1,000, you might want to pay it immediately whereas if you offered $5,000, you might request a year to have it paid off, for example.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Customer: replied 2 years ago.
Im sorry when do I try to settle? now about a month before trial or is their a pretrial meeting the day of the trial? I dont get this? Thanks.i promise i will hit answer.
Expert:  Joseph replied 2 years ago.

You can suggest a settlement at any time. For example, you might write a letter to the attorney next week outlining your settlement offer. Or, if you prefer, you might continue to engage in the discovery process and then make an offer of settlement as the trial date approaches.

 

There is no "right" or "wrong" time to settle, you can do that whenever you choose.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Joseph, Attorney
Category: Legal
Satisfied Customers: 7279
Experience: I have 15 years experience in the legal field, currently specializing in criminal and family law
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