Legal Question in Credit and Debt Law in California

Hi,

I recently attempted to take a company (Santander) to small claims court because they were showing up on my credit report as a bad debt.

My original contract was with RoadLoans in 2007 and apparently Santander bought out RoadLoans in 2009. They have filed a Breech of Contract suit against me claiming I owe them $13,356.00. The contract they attached with my signature is through RoadLoans and Santander states throughout the suit that they "sent letters" and "repossesed my car" all this is totally false. The dates stated in suit are in 2007 and Santander was not involved with my contract.

Do they have a case and what is my next option to counter this suit?

Thank you,

Adam


Asked on 3/18/10, 10:21 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Without reviewing the lawsuit filed by Santander, and reviewing more facts with you, it is impossible to say what your response should be. Be aware, however, that most responses you file must be filed and served on Santander's attorneys no later than 30 days after you were served. You can file a Motion to Quash, you can file a Demurrer, you can file an Answer to their complaint with affirmative defenses, and you can file a Cross-Complaint against them for any legitimate causes of action you may have. Again, from the bare facts given, it is impossible to say what your response should be.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

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Answered on 3/24/10, 4:00 pm


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