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Author Topic: Unclean hands - need help quickly - final hearing 03/06/07  (Read 3554 times)
appluvr
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« on: February 06, 2007, 07:57:28 AM »

Short summary:

Last action was 03/01.  Vehicle repossed and sold.  In February 2005 JDB contatcs me and says thanks for payment in 12/2001.  I did not make a payment.  (Could be proceed from sale though, I never received any required notifications from OC)  JDB files suit, I allege SOL expired. in the meantime JDB sends me a certified document stating they acquired account in 2003.  Yet I have a letter dated 2005 thanking me for a payment in 2001!  Okay, is it unclean hands since they are alleging a payment in 2001 (which they have never provided proof of despite myself and the court asking for proof) when they did not even hold account until 2003?  I have excerpt of Credit Report from OC showing DOLA as 03/01.  JDB claims hearsay evidence but Judge says, so far is only proof offered as to DOLA since you (JDB) have provided nothing to dispute.  We go back to court 03/07/07 and I want my ducks in a row, judge told me to refile affirmative defenses and I am just wondering could I include unclean hands.  One thing I think I have going is Florida Statutes state to buy retail installment contracts "Licensees" must be licensed as retail sales business.  JDB is licensed only as CCA and therfore not entitled to hold installment contract. Thus no written contract legitimately exists with JDB so 4 year SOL should apply.  JDB has repeatedly represented and referred to As credit card debt, I have repeatedly told is not.  Court is sticking with 5 year (I previously did not have the state licensing requirement in affirmative defense) so hope this will change judges mind. Either way if court goes with my 03/01 SOL they are still out of time as they did not file suit until 04/17/06.  But just trying to cover my bases in case they show 12/01 payment was from sale of repossessed vehicle and judge holds this payment against me.  Judge is requiring them to appear in person this time (they appeared by phone at prior 2 hearings) and told them they MUST prove a payment after 04/17/01 or they are out of SOL. So I am looking at unclean hands as a back up defense.  Again remembering in violation of state statutes by their own admission they "acquired" account in 2003 but first contact was not made until 2 years later.  State Statutes require notification within 30 days of assignemnt.  Here is my phrasing:

F.S. 559.715 which states the assignee must give the debtor written notice of such assignment within 30 days after the assignment.  Plaintiff by their own admission acquired debt in 2003, first contact was not made with defendant until 2005 at which time Plaintiff stated they received a payment in December 2001.  Defendant asks how Plaintiff was in receipt of a payment on an account they did not yet own.   By Plaintiffs failure to abide by the laws of the state of Florida and in making untrue statements regarding payment plaintiff approaches the court with unclean hands.

Any opinion or suggestions.
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appluvr
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« Reply #1 on: February 06, 2007, 08:00:09 AM »

Sorry this actually posted in the wrong forum.....had too many windows open!
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