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CalAttorney2
CalAttorney2, Attorney
Category: Legal
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Experience:  Civil litigation attorney for individuals and businesses.
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If we tried to arbitrate a bank judgment that we owed them

Customer Question

If we tried to arbitrate a bank judgment that we owed them money and we came up with over 60 percent now bank of america is trying to sue through another company
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am sorry to learn of this matter.

Your defense could be based on "res judicata" showing that the matter was already litigated. You will have to show that the plaintiff in the new case shares the same interests as B of A did in the arbitration matter, and that the underlying matters are the same dispute or controversy.

You can try opposing this in a Motion to Strike as the responsive pleading instead of filing an answer.

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