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between the eyes

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between the eyes last won the day on April 20 2013

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  1. Challenge the evidence as untrustworthy due to the fact that it was created for the purpose of litigation. There should be case law from Louisiana that supports this. Did they offer an affidavit that tries to authenticate this document? If the affidavit is from midland it will fail because the affiant lacks personal knowledge. .
  2. Others here can comment on the account number and if that is a reporting violation. The charge off date and opening date from JDB are unrelated they don't have to match. It just means they sold the account two years after the charge off and if it is in the contact they can still add interest to the credit report, however collecting that amount in court is a different story. The SOL starts counting from the last payment or use of card. Was this account ever with WAMU or Providian? these banks failed and merged with Chase.
  3. Did you check your credit reporting, it should have the answer as to who has claimed the account. Anyone can try to collect for the OC as long as they have been asked to do so. I had four different collectors for one account and only one claimed to have purchased it. Also, the OC should state that it has been sold in the credit reports, go see for yourself.
  4. Rausch, Sturm, Israel, Enerson, & Hornik of Dallas TX, these are the same scumbags that sued me, it was seven months from the time I answered until they filed summary judgment. They did not send me any discovery even thou I sent it to them. Don't except much effort from them, they are only there to collect easy money. What evidence they do send be sure check for dates and correctness, mine had numerous errors, even the summary judgment had errors in it like the wrong affidavit attached. The biggest issue is going to be the personal knowledge of the affiant. Be sure to challenge all the evidence as untrustworthy, this puts more pressure on the plaintiff to have a witness with personal knowledge, don't just question the affidavit, give the judge good reasons why they need a witness at trial. Others here on CIC are a lot better at attacking evidence then I am so listen to what they have to say.
  5. Google his name, there is a facebook page with a pic, maybe that his him.
  6. When they file for summary judgement how they offer the OC's Affidavit will be important, if it is entered as a business record it can be challenged as untrustworthy. If it is offered as an affidavit to authenticate the Bill of Sale it could be admissible. Here are two cases that will help you understand what you are up against. Martinez v. Midland Credit Management, Inc., 250 SW 3d 481 - Tex: Court of Appeals, 8th Dist. 2008Ortega v. CACH, LLC., Tex: Court of Appeals, 14th Dist. 2013
  7. Was the OC affidavit entered as a business record attached to the JDB affidavit? if so there is texas case law that addresses this and you can challenge the document as untrustworthy.
  8. Check the dates of affidavits, when was the affidavit signed (before or after the start of trial) and did they enter any business records that were redacted? Did they enter the exact copies? If you can challage that documents were redacted after the start of trial it questions their trustworthyness since documents can not be prepared for the purpose of litigation. Check the case laws for your state to see how they view documents created for the purpose of litigation. In my state even if they are created before trial knowning that it is going to trial, (because all efforts to collect have failed), makes them untrustworthy.
  9. This is very similar to the Texas rules for business records exceptions. The affidavit can be admitted unless there is reason to believe the business records are untrustworthy.
  10. Downto0 Ok, that makes sense. Now the question is, because I won the lawsuit based on the merits of the case, is that a valid dispute to have the record removed. To this point the credit reporting is in all three CRAs, and all they have done is ad interest each month since the alledged purchase date, all the other data matches the original creditors except the added interest. Thank for your input.
  11. So just to simplify this a bit, dispute with the CRA and wait for the DF to respond to the CRA. The violations would be not reponding in a timely mater? is this correct?
  12. I am not so hung up on counter suing them I am just glad I won. The Judge would not let them admit the evidence due to hearsay affidavit and I challenged the trustworthiness of their evidence. The plaintiffs lawyer swung and missed when I accused them of entering documents for the purpose of litigation because the affidavit was signed 5 months after the start of trial and some of the documents had be redacted. I had him in a trap, instead of addressing the case laws to support his affidavit he spent five minutes arguing it didn’t matter when the affidavit was signed and forgot to argue the business records exceptions to the hearsay rule, the judge got tired of his yakking and asked if he was finished, then ruled in my favor. I must say that the Judge was very consumer friendly and the plaintiff’s lawyer was a moron.
  13. Thanks for the clearification. I guess I can do that happy dance now!
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