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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
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Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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i recently had a un limted civil suit i was civil tort case

Resolved Question:

i recently had a un limted civil suit i was civil tort case concerning reimbursement of monies that were charged to my business visa and line of credit, after having a financial forensics expert testify the judge ruled that thou the charges were in fact no fraud etc etc, and on the defendant cross claim the judge wouldnt pierce the corp vail and another judge ruled against piercing the corp vail, but ruled i didn't have standing due to my lawyers listing only myself an not the corp on the complaint. fast forward two yrs later bofa has placed the two corp cards on my personal credit saying i was a guarantor, i asked them to prove it with anything showing my ssn or a guarantor letter etc, and they charged it off and the collection agency is now suing me for the monies, the corp card or bills never had my personal name on them nor were paid wih any personal accts. after the prior ruling of no frauds and refusing to pierce the corp vail, would this case be able to be dropped with a collateral estoppel or stare decisis motion? the s corp is now dissolved and i don't understand how they can just say im guarantor when my ssn was never ran to check credit nor were they on personal credit till they went un paid an the cant produce any docs showing i agreed to guarantor and dunn brads street had them listed a corp accounts, would the higher court ruling that charges were not fraud and i couldn't get refunded on standing because the corp wasn't listed on complaint show that the they were corp accts as well?
Submitted: 2 years ago.
Category: Legal
Expert:  Andrea, Esq. replied 2 years ago.

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If the case in which you were involved two years ago involved the same parties as are involved in the present day litigation, i.e., if Bank of America was involved in the litigation of two years ago, then both stare decisis and collateral estoppel can be raised in the present litigation. The key in raising these is you must have the same parties in the present day litigation as were involved in the 2 year old litigation because the decision of 2 years ago would still be binding on them today.


These would be used to "have the present day case dropped", but rather, they would be raised as part of the defense, followed by a Motion for Summary Judgment


If Bank of America was not involved in the litigation of 2 years ago, then these arguments cannot be raised against Bank of America because no part of the 2 year old decision is binding on Bank of America.


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ANDREA

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11697
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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