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  2. Hi So, I don't have documents. They have an alleged contract and I don't. They have a spreadsheet, I assume from Bank of America, and I don't. They claim they own this specific account, although bill of sale only references an "offering". How do I refute that in an affidavit? So according to statute 52-180 in Connecticut the business records acception to hearsay rule. The business records need to be created and maintained in the ordinary course of business otherwise, I believe they are considered hearsay. If they are electronic, which they are, then they must also declare that computers are reliable. In my case, they make no mention of "business records" they refer to "exhibits" being true and correct. Also, in Connecticut, there is caselaw where it states that "the onus is on the moving party to provide evidence that there is no genuine issue of material facts and if they cannot it is not Required that non-moving party provide any evidence or affidavits. So what I'm getting at is I would hope that I can strike this motion for summary judgment by the affidavit not stating anyting about records being made in the ordinary course of business therefore they have not proven that there is no genuine issue of material facts and I would not need to provide an affidavit or any other type of documentation. Is my thinking wrong? Weak? I feel like they have nothing solid.
  3. Courts accept that the listed plaintiff is indeed the correct party. A defendant who challenges it has to do more than offer observations. Have you checked your credit report as I previously suggested? We don’t know the formula (or whatever it would be called) that banks use for selling or retaining accounts. Perhaps it’s based upon percentages. They sell a certain percentage and keep the rest. It could also be based upon individual states such as those that allow wage garnishment. Judges don’t care about the opinions of defendants. They want proof in the form of law, court precedent, or physical evidence. It doesn’t matter to a judge if an affiant has been signing affidavits for 10 years. That’s not evidence of anything other than the fact that she’s been signing affidavits for 10 years. I’m not sure what you mean by “sloppy.” You may not believe that an employee of Cap1 created the affidavit, but you’re going to have to do more than suggest that sloppiness and 10 years of signing affidavits is evidence that Cap1 doesn’t own the account. In regard to shady law firms, I’m not claiming that what you’re suggesting has never or would not ever occur, but it would not be common. The reason is because attorneys really don’t need to lie about the identity of a plaintiff due to the fact that the vast majority of defendants do not defend and default judgments are awarded to plaintiffs. It doesn’t matter if the plaintiff is an original creditor or a debt buyer. Most defendants believe just don’t fight back. In addition, any attorney who cares about his license to practice law is not going to risk losing his license along with a hefty fine. Again, please check your credit report.
  4. Today
  5. @Jackie1989 (IANAL) An affidavit is a sworn written statement(s). If the affidavit itself does not comply with the Connecticut rules governing affidavits, it would be an invalid affidavit. In a response to a motion for summary judgment you could draft your own affidavit (fyi--under penalty of perjury) to present facts within your personal knowledge and/or to attach as exhibits "true and correct copies" of your own documents. Depending on your state's standards for summary judgment, if your properly drafted, valid affidavit states facts and attaches documents that present a genuine issue of material fact in dispute, your judge may deny their motion. This article discusses affidavits:
  6. Can I just file my objection stating affidavit is inadmissible because it is hearsay? It doesn't meet requirements statute 52-180 in Connecticut. Thanks!
  7. First off, Municipal court is small claims court in the State of Ohio. Anything above $15,000 would be heard in the Court of Common Pleas. Granted in Ohio, you can go straight to the appeals court rather than a Trial De Novo which is what happens in most state courts for small claims. No decision made in Municipal Court is binding on any other court. You still have not convinced me however that your mother's arguments was the reason they folded. Even if it was Merrick Bank itself that sued you (and it looks like they keep their collections in house and sue on their own debts based on my research), they still might have decided that the cost of fighting your mother's requests (or compliance) was too high for the amount involved. That does not mean that in another case, they would not be more assertive. They also might have decided to close the case to avoid the risk of appeal where there might have been a chance that your mother would have won and set a precedent (anything is possible in court). We don't know that. The only they we know is that they walked away from the debt. The bank never said why. In another state or even in another municipal court in Ohio, a defendant who tries this might get the "What have you been smoking son?" question from the judge and then an immediate summary judgement against them. Now in this case, they can appeal but again, they run the risk that a precedent will be created against them and will end this defense for once and for all (at least in the State of Ohio). I am happy that your mother was able to force them to abandon the debt but one win in municipal court does not make a defense valid.
  8. That's called taking control of the situation instead of burying your head in the sand and being afraid. It's proper to feel good about that. GEMB was taken over by Synchrony, but it is the Synchrony Card Agreement you will use. I would work on an MTC and file it in the next 30 days or so. You can flip this thing on it's head by making the Case Management conference all about your MTC and arbitration instead of their alleged debt against you.
  9. Moms case was in municipal court, and she filed a counterclaim seeking treble damages. 9 months of doc filings back and forth between mom and bank attorney. Mom was setting up the case to win on appeal. Bank attorney filed 4 continuances over 9 months @ $30.00 each on top of the suit filing of $135.00, over $1,100.00 debt which in the end was mysteriously paid in full.
  10. And we just saw a case where a judge, after denying a MTC to a defendant, issues a judgement for 8 cents on the dollar of what the plaintiff was suing for because the judge felt the extra charges and interest were not warranted. Small claims court is very informal and judges do weird things there. It does not in any way set precedent in any court. Now, as for the plaintiffs, the reason they do not fight these rulings is because it is not time effective. Only about 2% of the defendants actually fight their cases so the plaintiffs would rather deal with the other 98% that they get defaults judgements on. If the numbers that fought were higher, I would bet that quite a few of these actions would be appealed and would go down in flames in higher courts.
  11. Your time and the detail invested in your responses is, again, enormously appreciated. Understand that this isn't about whether I "like" you or your answers. You can avoid going-off on such tangents and improve the quality and persuasiveness of your posts by not veering into opinions on my attributes as an individual, your imagination of my ability to communicate intelligently in a courtroom, or the number of paragraphs you think correct for eliciting a response from an intelligent forum participant. That I am out of my depth in the legal realm is why I am doing research and asking questions in a forum where there's no penalty for sounding silly. That you are out of your depth to make comments about me is why it's easy to talk down to you as the actual silly one. What I know from my research is that plenty of consumers have questions like mine, and that clear and convincing answers are difficult to find. You are providing a lot of very helpful insights. Those insights aren't quite compelling enough however to give me confidence that they represent what could be called the last word necessarily. The elements of your answers which, however you excuse it, amount to plain rudeness and nothing more, almost make your posts easier to imagine as if made by a debt collection law firm responding to a silly theory that's dangerously close to being correct. No, I don't literally believe that, but, I am too new to this stuff to know the difference, and that's the only point that matters. If my being a newbie means you get to disrespect me or demand that I accept weak logic with gratitude because you're "helping" me, under threat of more insults, then safer would indeed be to assume I'm being bulldozed. So, be nice. Can you do that? Just rely on the reasonableness of your statements and your confidence in your facts rather than on your ability to cower and to be insulting. What would anyhow be the point in running a forum on an ongoing basis without new territory to constantly explore, through "dumb" questions, discussion of silly theories, or new ways of explaining old ideas for better comprehension by those of us who don't have the big picture? Innovations in stupidity should be welcomed, I do say, and I'm proud to call myself a pioneer. A question that has never been asked in a certain way ought to be always a good one. I like this forum, so, I'd like to see this thread I've created here become the internet's most exhaustive and authoritative one in regard to the cooked-up fantasy notion of debt collection law firms who falsely portray themselves on small claims court complaints as representing famous original creditors as if plaintiffs, with tacit approval of those original creditors, when in truth the plaintiff is the collection firm itself. Because, I am not the only one asking about this. Perhaps all experts who know how things really work agree that this scenario is dumb and impossible, but, that's not the point. If someone somewhere knows something about this that you don't know, Clydesmom, then I want them to find this thread and to contribute their insights. That is why I posted my question with several paragraphs of background detail, and with no apologies for length. Is that okay for you? The reason why I now am writing another long and thorough post in addition is because I do not want other potential contributors to be dissuaded because of your chest puffing, mistaking arrogance for proof of substance. That you have read this far shows that even on matters of paragraphs quantity you make assertions you cannot support. You don't have the experience, you don't have the qualifications, you don't have data, and your logic is thin or non-existent. I on the other hand have a whole bookcase of data on relationships between text passage length and persuasiveness impact. So suck it. How about if you therefore stick to just legal facts while I decide how to compose my own posts? Can you live in a world like that? You might be absolutely correct on the fundamental issue. I don't much doubt that you are. I'd however like to attract further perspectives. What I won't be doing is explaining myself to you any further in regard to opinions that seek only to denigrate. Thank you, Clydesmom, for contributing your views.
  12. hi all - I'm back. Thanks for all the advice. I took the advice of @fisthardcheese and others and wrote up the answer. Yes, I did file an answer. I went to the courthouse and asked if a default judgement was entered (I had been checking the court search daily and hadn't seen one). Clerk said I can still file. I asked if the plaintiff can just get an automatic default because I was late. Clerk said they (Orange County, CA court) will take the answer and it will prevent the default if the plaintiff hadn't filed for one yet. Also, there was nothing showing in her pending queue (that part maybe isn't online). I only had one copy of the answer, so I was advised to return this week for a court records copy to mail to plaintiff (I guess the mailer can not be me as there's a form). I checked the court search again over the weekend. It showed my answer, my fees paid, and that a case management conference about 2 1/2 months out from now. Q: So now what? Are we (not me, but someone on my behalf) mailing this answer certified mail with return receipts? Q: is there some discovery process? I checked the arbitration for synchrony as you suggested and there's a definite arbitration clause there. I answered point by point, mostly that I did not recognize if this company had standing, nor that I had confidence the debt was mine and if it was, how could I be confident the amount at chargeoff was accurate. Also mentioned if there was supposed to an alternate settlement process like arbitration. Q: is the arbitration clause in effect in the last statement at chargeoff? That's would cover the clause. I have no idea and no access to the contract I signed up with originally. I think it was different company possibly before it was synchrony. I have to admit that I felt good driving to the court to file the answer that I diligently researched how to write the evening before. If I'm in over my head, I don't feel like it anymore. I feel energized. I was afraid of the courthouse, but I felt good there. What is this madness? Am I crazy for enjoying that filing? If I'm going to lose in court, I might as well get some adventure and legal education for this money. I don't plan to go down easy, though. I'm not ruling out settling, but I am ruling out laying down. If things get too hairy, I'll hire an attorney (I found a good one, I think, and he said even if I don't hire them now, answer right away). I hope the clerk was right about the answer being valid as I beat them in filing for the default. She said it's whatever comes first. Okay wise people of this board, what say you next? I am your humble student.
  13. Please start your own thread to keep things from getting confusing. Thanks!
  14. It has nothing to do with what comes easy. We asked you questions in these two threads and you didn't bother answering. Also, earlier in this thread nobk4me posted a link to the arbitration thread that has all of the information about how arbitration works and how to draft and file a MTC. No one is going to do it for you. If you feel that you're in over your head trying to do this yourself, you should probably consider having a lawyer represent you.
  15. LaneBlane that is what I am looking for thanks a million
  16. Hello - After reading through this thread, I too received an identical letter for ~$1500 in Wisconsin from approximately two years ago. Should I proceed with the request to substantiate the claimed debt with the mentioning of pre-arbitration? Anything else I should do or be aware of? Thanks in advance for your help. It’s certainly appreciated.
  17. I found the Citi Dividend World MasterCard agreement that was listed on their website on March 13, 2016. The copyright date on the document is 2009 Citibank. Like your other agreement, it doesn't say which card it's for. Perhaps you could sign an affidavit saying it was obtained using an internet archive for Citi's web page that lists credit card agreements. Link to the web archive: You'll find the card under the section titled Rewards. There's a Citi Dividend Card and the Citi Dividend World MasterCard. CMAPDFDocument.pdf
  18. Of course. No one ever signs a credit card contract. Your use of the card constitutes your agreement of the terms. "Looks fraudulent" is purely subjective, and considering the fact this is your legitimate debt, how it looks is irrelevant. This isn't how IP addresses work. As you know, you don't have to physically be in Monticello to open a Barclays credit card account online while being assigned an IP address registered in Monticello. Yes it does. In fact, it's quite compliant with the fdcpa. No it isn't. The fdcpa does not apply to Barclay's because they are not a "debt collector" as defined by the act. Barclay's is the original creditor and they will have everything they need to prove to the court that you owe this debt. My advice is to give up on the shell game and try to work out a settlement with them before you end up with a judgment for the full amount plus court costs and attorneys fees.
  19. no I checked its not listed on there.
  20. This is creepy. Did you check the archives section on the CFPB website?
  21. Hello, have not posted here in a long time.I had a hearing today for a 15K debt that Citi Card sold to Portfolio recovery Associates.(The usual disclaimer here..Bad year of business medical bills etc and I was unable to pay Citicard actually the first legal issue of my lifetime)Anyway I am trying to remove the case to arbitration (following detail of fisthardcheese arbitration strategy)I had printed off a citicard agreement that and the judge like and agreed with what it said about arbitration and was ready to to Accept my MTC but it actually does not say Citi Dividend on the agreement nor CITI at all even tho I printed it from Citi Website.He has given me 21 days to come up with the agreement for my specific card and he will grant My MTC. Since I have defaulted with Citibank They have not agreed to help me on the phone by Providing me with the Citibank World dividend user agreement from when i had the card(In 2016 they changed the branding to "World Cash Back card") so the exact title Citibank World Dividend no longer exists.So my entire case actually rests on if I can find this agreement.I intend to call citibank 10 times a day and maybe somebody will help me but nobody wants to.If by chance anybody on here has a Citi world dividend or Citi dividend agreement from 2016 or before I will make it worth your time to send me a copy
  22. Yesterday
  23. I received a letter on January 23rd, 2019 from Tenaglia & Hunt a debt collector law firm representing Barclay Banks Delaware. The letter stated by Tenaglia & Hunt that I owed their Barclay Banks Delaware client $8,498.87. On February 9th, 2019 I sent a letter back to Tenaglia & Hunt that I don't recognize this debt and that I am now disputing the debt and to please validate the debt. On February 22nd, 2019, Tenaglia & Hunt sent me a letter of just an application with my name and address that they received from their client Barclay Banks Delaware. Barclay Banks Delaware blacked out the social security number and birth-date on the application. Additionally, they don't have an original consumer contract with my signature on it. the application looks fraudulent. Additionally, the IP address on the application is from Monticello and i have never been to Monticello in my life. On March 4th, 2019 I responded again stating that the document they sent does not meet the requirements of the Fair Debt Collection Practices Act. Plus, when I disputed the debt to Tenaglia & Hunt and Barclay Banks Delaware in January, Barclay Banks Delaware still continued to report to the credit bureaus for months of February and March which is a violation of the FDCPA Section 809(b) and FDCPA Section 807(8). They have not sent proper documentation to prove the debt is mine or an original consumer contract with my signature. I will upload all documents to so you can see that there wasn't enough proper verification of supposed debt that I owe. Since March they haven't responded back to me or provided proof. I received a summons from Tenaglia & Hunt on June 11th and I sent my answer today June 17th. I am really nervous about what to do and looking for some advice.
  24. Kooky stuff happens some time. For any of a million reasons, that judge could have had a problem with that particular plaintiff on that particular day.
  25. That anecdote really doesn’t mean a thing. All it means that the attorney tried to comply with her request. If he had objected and said it wasn’t relevant, it would have been your mom’s burden to show the relevance. Unless your mom could prove that relevance, the judge would not have required that documentation. Are you thinking that the bank charter (articles of association) must specifically state that the bank has the right to sue and be sued?
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