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  1. I finally called the the court clerk who transferred me to the clerk for the judge assigned to my case. I have to go to her in person to get my MTC on his docket so he can hopefully grant it. On another note, I was recently served by Stephen Bruce and Associates who are representing Midfirst Bank on a Visa credit card debt. I have heard Stephen Bruce can be a real bully and this case is in McClain County; where all "the good ole boys" scratch each others backs. I am going to file my answer today along with my MTC arbitration and I pray I can get all of this resolved soon. I will update so
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  2. While you are correct that evidence such as business records must be authenticated, you need to read court rulings from your state courts in order to determine the requirements set forth by the courts for an affidavit to be considered sufficient to authenticate business records. Court rulings provide some of the best information and guidance.
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  3. Found this site today. seems like a good source of law research. Enjoy. https://lawshelf.com/coursewareview/civil-litigation https://lawshelf.com/coursewarecontentview/jurisdiction-over-the-parties-or-things-personal-jurisdiction/
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  4. Unfortunately, you don’t have a claim against BofA for reporting without verifying. They were not required to respond in order to report. The FDCPA does not apply to original creditors. Disputes with original creditors for credit reporting must be done by disputing through the credit bureaus in order to have a private right of action. And the bank still would not have to supply documentation. Even if you disputed through the credit bureaus, as long as BofA is reporting correctly, you would have no claim under any circumstances.
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  5. @Neveragain02 You might possibly have a claim for a violation of the FDCPA against the law firm. However, this doesn’t affect the lawsuits with the OC.
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  6. Then the first thing you need to do is start learning the rules of civil procedure for the court your case is filed in. Especially regarding discovery. Unlike Small Claims cases at your level follow ALL the rules. If you lose you want it to be on the merits not a technicality. The list of documents looks cut and pasted from multiple sources and quite frankly most of them duplicate each other. Many courts limit how much you can ask for. Some as few as 10. You will do much better with 6-10 carefully worded requests for production of documents than that long rambling list you have now.
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  7. I can attest to this from experience. I was under water when I got my 1099C forms, so I didn’t pay any taxes. That raised a red flag with the IRS, so I had to send information with all my assets and liabilities to show that I was, in fact, under water. I did all the tax stuff so I could’ve kept the information from my wife. But I didn’t. We had a lot going on. Some of the debts were my cards, some were her cards and some were joint. She even had to show up in court a few times. My wife was very happy to have me take the lead in fighting off the debts, and
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  8. Ummm, if you do not include that income in this year's taxes, it is going to trigger an audit by the computers. The 1099-Cs are filed with the IRS too so they know about them. You have to dispute them now, not later and that might mean discussing this with your husband.
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  9. Regarding the SOL: Chase is a Delaware corporation. The SOL in Delaware is 3 years. California has a borrowing statute, case law is Resurgence v. Chambers. If your last payment was more than 3 years before they filed suit, you have a SOL defense, IMO.
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  10. Well, what is the alternative? If you have a bad case in arbitration, you also have a bad case in court. There are advantages to arb even with an OC. First, it raises their costs. With a small debt, some OCs might prefer to dismiss and sell the debt off to a JDB rather than bleed money in arb fees. I beat an OC in court over a small debt (about $2K) just by being aggressive with discovery. This is before arb was a viable option. Second, arb is unfamiliar territory for most debt collection attorneys. They are used to filing cases in friendly courts, where they show up all the time,
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  11. The primary reason to bypass Magistrate Court in GA is not clogged courts. Magistrate moves VERY fast. Once you answer they set a trial date within 30 days. The biggest reason they go to State Court is because Magistrate Court does not allow motions in advance or discovery. It is trial by ambush. Another reason is Magistrate Court is very informal and does give a pro-se a decent chance to defend. State Court follows ALL the rules of civil procedure and they can easily over whelm an unprepared consumer.
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  12. Also was in the hardship program and defaulted. I'm going to submit my first offer to them today then update this post. UPDATE: Offered them 30% they countered with 60%. I think I'll hold out a little longer and see if they come down a bit.
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  13. First of all, I suggest that you edit your post and remove the remarks where you admit that the debt is yours. Secondarily, even without seeing the Affidavit, I can assure yu that it is eligible for a motion to strike as irrelevant. Additionally, I am equally certain that the Affidavit is not properly framed to qualify as "Summary Judgment" evidence. Whoever told you that you did not need to resound to the Plaintiff's Summary Judgment Motion provided you with some "faulty" advice. You must oppose the Plaintiff's Motion otherwise the Judge will grant the motion and the only way for you to "win"
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