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?
Banned
In a retail mall, can you be banned from a store because you walk through that store to get to the mall area or use their public restrooms if you are not shopping in that store?
