here is my civil complaint plaintiff or defendant reside or may be found in or the cause of action arose in the county 2. Plaintiff claims from defendant the amount of 1456.76 plus50.07 gross receipts tax pursant to nmsa 1978 61-18a-28.1 plus 870.09 interest thereon to the date of the filing of this complaint and continuing at the rate of 22.9% per annum until judgement plus 275.00 attorneys fees 3. plaintiffs claim arises from services or merchandise purchased by defendant from Ochard Bank/JPS Investments accound to the account affidavit attached hereto as Exhibit A 4. Trail by jury is not demanded Wherefore plaintiff prays the court for judgement against defendant in the sum of 2326.85 together with interest at the rate of 8.75% per annum plus cost tax attorneys fees and for such other relief as the court deems appropiate. the affidavit states this JPS being sworn deposes and says that the affiant making this affidavit is an employee of JPS Investments the affiant is authorized to make the statements and representations herein. our records show that there is due and payable from account:xxxxxxxxxxxxxxxxxxx the amount of 1456.76 according to the original documents the interest rate is 22.9% our records indicate the account orginated with Orchard Bank . The affiant states that there are no unaccredited payments just counterclaims or offsets against the said debt. the affiant states the the orginal documents in connection with the account set forth herein are not currently available. Western recovery a collection agency is hereby assigned this account pursant to the agreement with the creditor, and authorized to arrange commencement fo litigation in its own name as assignee, through a licensed attorney at law This is the first i have heard of western recovery i have not recieved anything from them the previous CA was the one i was aware of Should i validate? And what else should i do ? any help would be very helpful
First of all, yes, send the attorney a demand for validation. Then within the time allotted on the summons file a motion with the court for a more definitive statement. Take each of the plaintiff's statements and pick it apart demanding that the court order the plaintiff to provide more definitive statements about each and every element of the complaint. In this case I would most likely file motion to dismiss for lack of subject matter jurisdiction as well. The plaintiff's attorney making the statement that he did is not sufficient to establish the jurisdiction of the court. Doing that will not get your case dismissed because the court actually does have jurisdiction but not until either the plaintiff or the court itself has to state that the court has jurisdiction and what statute gives the court it's jurisdiction. Motion to dismiss for lack of subject matter jurisdiction is nothing more than an additional small headache for the plaintiff's attorney but it does have the advantage of making him look like a fool in the eyes of the court. Then you can most likely find other ways to make him look like he is not the sharpest tool in the shed. There are definite advantages to that later but it won't get your case dismissed. Make him define the meaning of all terms such as NMSA which appears that it might mean New Mexico Sales Act and if so or even any kind of sales tax then what gives him the right to add a sales tax to a series of credit card transactions each of which have already been taxed at the point of sale? That bit about JPS being deposed of is nothing but blubber either. Notaries do not have the power or authority to take sworn depositions. Take each and every little point in his complaint and make a big issue out of it and make him explain every bit of it. There are a lot of things you can do as time goes on. One of those should be to sue him in federal court as well. That should be a standard procedure for each and every case they file on anyone. Sue the attorney in federal court and name the plaintiff as co-defendant. This lawyer has made so many mistakes that it is a joke but if you don't proceed properly he will get a judgment and that won't be the least bit funny.
We can't really give you all the help you would need to actually start from scratch and build your defense on a forum like this because if we did we could be charged with unauthorized practice of law. The board could also be shut down by the courts if we did that. But you can get help if you need it but again not for free unless you are willing to do a lot of study on your own. I don't even normally prepare all the paperwork for my students either. You can't learn if someone else does all the work for you. Learning it for yourself is what is really important because if you pay someone to do all the work for you then when you get to court you won't be able to argue before the court effectively. The judge will that you didn't actually prepare it all by yourself. That will hurt your chances badly. I was pleasantly surprised by a student named Joe F from a small town in Missouri. Joe contacted me late Friday night and said he had to be in court Monday afternoon. He didn't even have a computer on line so had to use the computer at the local library. He had no knowledge of how to prepare his defenses at all. Monday morning he filed a motion for extension of time based on the fact that discovery had not yet been completed and a petition for more definitive statements He went to court at 1:30 and stood up asking the judge to let him get some statements into the record which he knew he had to do in order to file an appeal if that should become necessary but the judge stopped him cold and said it would not be necessary to get anything into the record because he was granting both of Joe's motions and the hearing was over. Joe said the hearing took less than 5 minutes. The plaintiff's counsel had nothing to say at all. Joe won the day easily. Now he will prepare his interrogatories, demand for admissions and demand for production of documents, send the plaintiff his demand for TILA disclosures and will probably have motion(s) to dismiss all in the court in a week or so. He will develop his federal case and file that against both the attorney and the plaintiff and get those filed in federal case and th
We can't really give you all the help you would need to actually start from scratch and build your defense on a forum like this because if we did we could be charged with unauthorized practice of law. The board could also be shut down by the courts if we did that. But you can get help if you need it but again not for free unless you are willing to do a lot of study on your own. I don't even normally prepare all the paperwork for my students either. You can't learn if someone else does all the work for you. Learning it for yourself is what is really important because if you pay someone to do all the work for you then when you get to court you won't be able to argue before the court effectively. The judge will know that you didn't actually prepare it all by yourself. That will hurt your chances badly. I was pleasantly surprised by a student named Joe F from a small town in Missouri. Joe contacted me late Friday night and said he had to be in court Monday afternoon. He didn't even have a computer on line so had to use the computer at the local library. He had no knowledge of how to prepare his defenses at all. Monday morning he filed a motion for extension of time based on the fact that discovery had not yet been completed and a petition for more definitive statements He went to court at 1:30 and stood up asking the judge to let him get some statements into the record which he knew he had to do in order to file an appeal if that should become necessary but the judge stopped him cold and said it would not be necessary to get anything into the record because he was granting both of Joe's motions and the hearing was over. Joe said the hearing took less than 5 minutes. The plaintiff's counsel had nothing to say at all. Joe won the day easily. Now he will prepare his interrogatories, demand for admissions and demand for production of documents, send the plaintiff his demand for TILA disclosures and will probably have motion(s) to dismiss all in the court in a week or so. He will develop his federal case and file that against both the attorney and the plaintiff and their case should go down the tubes rather quickly. That is what you need to do as well. If you don't do those things you will soon have a judgment against you.
