Legal Question in Credit and Debt Law in Wisconsin
Sued by a debt buyer of Credit card receivables, we moved for dismissal for no standing, because Target was a mere servicer, resulting in no jurisdiction. The alleged seller and assignor was Target, who had already sold the receivables to a bankruptcy remote entity. Target was the servicer once they sold the receivables. Midland produced a non specific bill of sale of receivables from Target Bank. The actual owner of the security now was an separate entity.
Judge ruled against us as a sanction, for allegedly not cooperating with discovery, on motion of the opposing party.
We are appealing it, and are wondering if the judge can ignore the fact that the plaintiff had no standing, because we supposedly didn't cooperate with discovery, namely, not answering questions very well in a deposition. And that he can therfore sanction us for 15000.
We are not trained in the law, but have been forced to learn some, because we can't afford an atty.
What facts are important for appeal?
1 Answer from Attorneys
For your appeal, the most important fact of which I could advise you is the well known fact that appeals are not "do it yourself" projects; you really need a lawyer for them. As you correctly note, things have obviously not gone well for you so far since you have already been sanctioned by your judge with a $15,000 fine for your "do it yourself" handling of your case. No good lawyer would have allowed you to get yourself into that situation. You therefore need to ask yourself how much money you are really saving by proceeding pro se without the guidance of an attorney in court. The standing defenses which you mention are common in foreclosure cases and actually may have some merit in the complex world of CDO's (collateralized debt obligations) under article nine of the Uniform Commercial Code if obligations are sold as "bearer paper" without anyone actually claiming ownership of them and becoming a holder, as defined by law. However, I have not previously heard of such defenses working unsecured credit account situations where debt buyers have purchased the accounts (nor have I researched the issue sufficiently to rule it out). In any event, at this point you may wish to cut your loses by considering a chapter 7 bankruptcy, which might discharge the $15,000 fine as well as the original credit card debts for around one tenth of that amount. Depending upon how willful and intentional the misconduct leading to these fines was, it might well be that the obligation could be discharged. An experienced bankruptcy lawyer might therefore be able to assist you, and that is who you should immediately speak with. My comments in this public web forum are intended only for public educational purposes and are not legal advice specifically tailored to you and your case. Instead, you should retain a lawyer in order to meet your legal needs, since I will be taking no action on your case. You are welcome to contact my Racine, WI office at 262-633-3090 or email me at [email protected] for further information. Non-clients disclosing confidential information consent to the adverse use of such information against them if attorney ever represents opposing parties. This may occur unless attorney is formally retained, or unless information is provided in private circumstances with specific notice to atty that it is given in confidence in an attempt to obtain legal representation. Sender�s lawfirm engages in debt relief by filing bankruptcies for some clients and all communications may include advertising materials. No suggestions of attorney may be used for illegal avoidance of taxes or penalties or solicitation of same.
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