I'm new to this legal stuff and learning as I go. So be easy on me..lol Well, here is the run down on my case with CACH, LLC. In their complaint, an "Affidavit of Sale" by OC (GE) Collections Rep employee basically stating she has "reviewed" the information as reflected in the "system" and then goes on to state my alleged balance owed as of 03/22/12. This affidavit is signed in Jan. 2013. A Bill of Sale is also attached to complaint w/ no acct # or my name on it. In addition, the date of 3/22/12 shows as the date several accounts sold to CACH, LLC but the Bill of Sale is signed on 4/25/13, over a year later and 3 months after said Affidavit was executed. To add, the complaint has a date of 5/20/13 and I was served in July.
My argument is 1) As per F.S. 559.715, I was not given written notice of assignment 2) Affidavit does not comply with State of Florida's Evidence rules Self- Authentication 90.902(11) or Hearsay Exceptions Business Records 90.803(6)(a). NOTE: Afiidavit signed in Jan. 2013 and Bill of Sale signed in April 2013 show conflict and also in anticpation of litigation. (Can this alone be grounds for Dismissal w/Prejudice?) 3) Are 2 statements enough for "Account Stated"? BTW, The counts are ACCOUNT STATED and UNJUST ENRICHMENT.
Bottom line is, if they Lack Standing to begin with, there is nothing more to argue. Is Lack of Standing, especially with the kind of evidence CACH, LLC submitted, enough to Dismiss w/Prejudice?
There are so many things wrong with this complaint and I don't want to over do it on my first post.
I also just found out today I had HARD INQUIRIES from Federated Law Group, who represents CACH, LLC, and P. SCOTT LOWRY, P.A. which is a Law Firm Colorado and also happens to own CACH, LLC. Do I have sufficient info that their inquiries were not "PERMISSIBLE" by law?
Please feel free to ask me any information you may need to help me out on what my best options are here. I plan on making Plaintiff prove all of their complaint. I also have prepared my answers/defenses, but since it is small claims court I don't really need it. But have it ready just in case I need to file it. I also asked for Jury Trial as per small claims rule and I also have a Sworn Denial Affidavit to offset the OC Affidavit.
ANY SUGGESTIONS OR COMMENTS ARE WELCOME!!!
Thanks in advance!!