I need assistance finding case law in Arizona 9th circuit / Supreme Ct Dist 1 on assignment of debt document being precluded as evidence AND Plaintiff's Affidavit being precluding as evidence. Help?
Country relating to Question: United StatesState (if USA): ArizonaWhat have you tried so far?: searched Supreme Ct website and AZ court cases to no avail
Hi and thanks for asking your question. My name is XXXXX XXXXX X will be assisting you. Case law research is generally outside the scope of this service, but I am happy to see if I can help you. What is the specific issue? What is your legal rationale for trying to preclude an assignment of debt?
Hi David, I am Andi. Issue is a Junk Debt Buyer stating ownership of an account I have never had. My balance w/cc co. is zero. In 1/2011 JDB wrote me I owed them $. I replied (w/delivery confirmation as proof) who are you? Provide assignemnt of debt. June 2012 they filed complaint in civil ct. Their bill of sale DOES not show my name or acct # XXXXX states exhibits are attached showing this info - not attached - no consideration in Bill of Sale - left blank - unidentifiable signors (can't call as witnesss) - you got it>? Now calling it an ORAL / OPEN Acct vs contract (couldn't place Agreement w cc company into evidence - and produced 1 statement without any transaction w/ a acct # XXXXX have never had / due date same as alleged Bill of Sale signed. Affidavidt has Chain of title from the Bill of Sale to Plaintiff's Co. evidenced by a NOTICE OF Name Change only dated prior to alleged Bill of Sale. Affiant stated untrue facts of KNOWLEDGE that I disproved in my Motion for oral argument to Preclude.
Hi Andi. Thanks for the additional information. Here's a case right on point for you. Follow this case and use it as a basis for your additional legal research and you should be headed in the right direction.
Feel free to post additional comments or questions if I can continue to assist you.
I don't think so David...the Plaintiff WON in this case. The Bill of Sale without Exhibits was recognized. Not good for me... am I reading this WORNG? thx
That wasn't my point. The point was that this is the analysis. You have to do two things. First, you can use this case at your local law library to find all other similar cases. Second, you can read these opinions so you fully understand how a judge will analyze this legal issue. You can then apply your individual case facts and see if you can come up with a winning argument for yourself.
I understand thank-you!
You bet. Good luck!
Corporate, Real Estate, Estate Planning, Probate and General Litigation attorney 14+ years
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).