http://civilinquiry.jud.ct.gov/DocumentInquiry/DocumentInquiry.aspx?DocumentNo=18167076
Special defences start at page 6. Not much meat on the bone but it doesn't cost anything to plead.
Interestingly enough because this took place on tribal territory, the Plaintiff is pleading tribal law applies.
Plaintiff’s is estopped in whole or in part from asserting its claim due to its waiver, in failing to ensure that Defendant’s credit account information was up to date before issuing 7 credit and/or in failing to present the drafts for payment for over five months, causing them to become stale.
Translation:
You shouldn't have lent my broke self that money and you should have rushed those cheques to the bank before the ink was dry.
Plaintiff’s is estopped in whole or in part from asserting its claim due to its waiver, in failing to ensure that Defendant’s credit account information was up to date before issuing 7 credit and/or in failing to present the drafts for payment for over five months, causing them to become stale.
Posting a check at a stale date, if that's even what happened, does not dismiss a debt.
True, but you should maybe read the thread in it's entirety to get a better picture of what is presumed to have transpired.
These are not normal cheques, but more rather like a bank draft.
I know how markers worked, I worked in casino finance and accounting for 30 years. They are actually more like a counter check. They have the player's bank routing number and account number and function exactly like a check out of your checkbook when deposited. As I mentioned above, these markers are paid in other ways more often than they are actually deposited. Defendants lose these collection cases as close to 10 out of 10 times as you can get.
Okay, so there sure is something up with this case.
Why waste $$$ on lawyers?
For the 1 guy out of 100 who wins these cases, what is the secret?
Maybe EM is stalling for time again?
Do you think Melnyk has Bagnall on retainer?
Frankly, I think it's hubris that has him spending 100s of ks on lawyers instead of just paying his debt. I don't think there's any debate that he's stuffed with arrogance.
We already know that... but being a cheap guy, why waste the money?
Frankly, I think it's hubris that has him spending 100s of ks on lawyers instead of just paying his debt. I don't think there's any debate that he's stuffed with arrogance.
No, I think they were initially mistakenly identified as bank drafts. When you look at the scans in the links a few pages back, it's not a bank employee or officer signing the cheques, it's Melnyk. These are just regular cheques from what I can tell.True, but you should maybe read the thread in it's entirety to get a better picture of what is presumed to have transpired.
These are not normal cheques, but more rather like a bank draft.
True, but you should maybe read the thread in it's entirety to get a better picture of what is presumed to have transpired.
These are not normal cheques, but more rather like a bank draft.
Any updates on the numerous lawsuits?
http://civilinquiry.jud.ct.gov/DocumentInquiry/DocumentInquiry.aspx?DocumentNo=18217227
Plaintiffs have retained a handwriting expert who opines that Melnyk signed the drafts.
Wait a second... so Melnyk's middle name is Nestor?
Not so fast. He may be denying that as well.
I’m a simple man , I see this thread near the top of the board , I click.
And enjoy the ride every time