Legal Question in Credit and Debt Law in California
about a contract
i want to know if you have been sue by a finance company and they are un able to find there contract whats the resultdo they have a case againest you
3 Answers from Attorneys
Re: about a contract
If you deny that you ever entered into an agreement with their assignor, and they can't prove it, you could win if that information is properly presented to the court. "Properly" means perhaps in a summary judgment motion or in a motion for nonsuit after they put on their evidence at trial.
Re: about a contract
Generally, you would win. But, you need to make sure you do not admit there was a contract.
Re: about a contract
If you have been sued, you should hire an attorney to file an attorney to file an answer for you. Then, the attorney can request through discovery all documents and contracts that the Plaintiff has. If there is no contract and no documentation, you may win. However, if the Plaintiff can prove that you received money from it and did not pay it back, it can prevail on common counts.
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