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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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The Company that I mentioned previously has a complaint against

Customer Question

The Company that I mentioned previously has a complaint against me in LA Superior Court for the balance of Installments for the business loan I mentioned. They are not registered to conduct business in the US. They are not a corporation registered in California (even though they have their addresses there). The City Of Torrence said that they are not registered there and has been trying to fine them but their address is just an answering service and a mailbox. Their website is www.1stamfi.com How can I dispute their existence as a corporation and make my case that THEY are in breach of contract since they are not even a legal entity recognized by anyone? What is the case law and what else can I file against them. They scammed several individuals out of hundreds of thousands of dollars and are being investigated by the FBI. Unfortunately my hearing will happen in early September, well before the FBI accomplishes anything.
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.
Dear Customer, thank you for using our service. I would like to assist you today. Responses may have a short delay for review and research.
If the company is not a proper entity (for example they are not registered as a corporation in the state where they are filing the suit), you can file a "Motion for Summary Judgment" based on "lack of standing."
Unfortunately, this forum is not set up to perform legal research, so I cannot do the detailed work of researching the case law to support your motion, but here is an example of the type of law that you are going to be looking for: http://corporate.findlaw.com/corporate-governance/summary-judgment-in-a-commercial-collection-lawsuit-part-iv.html.
You can visit your local law library for information - look in particular for a set of books called "practice guides" these are books used by lawyers for strategy tips and have legal authorities, templates, and helpful guides for litigation in addition to access to online research.
You can do case law research using free tools such as this one: http://scholar.google.com/scholar_courts or more sophisticated tools such as West or Lexis, which require fees, but offer research attorneys that can help you with your search (make sure to take advantage of this as it can help you make the most of their service and will greatly reduce the cost of their services.