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About farmgirl2013

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  1. Thanks for the reply. No, the judge never ruled on it but it is included as received on the court website. Included in it (I'm paraphrasing): 1. dismissal for lack of standing. The documents attached (bills of sale) to the complaint don't establish plaintiff's standing because nothing references the specific account. 2. failed to state a cause of action, they failed to attach a written document showing they were a proper interest holder per FL rule 1.130 3. plaintiff didn't show a valid assignment of the debt I kind of rambled on a bit and upon reading this again basically played out ho
  2. I'm being sued by a JDB in FL. The attorney happens to be the president of the JDB company (nice huh?) >$5k, county court, Chase is OC. This started in 2013, I filed answer, motion to dismiss (unfortunately did not include anything re: jurisdiction since I lived in another state at the time) then nothing. Until: The court actually sent a motion to dismiss notice for lack of prosecution and the plaintiff had 60 days to reply "showing good cause in writing why the action should remain pending". Per the FL court website, the attorney filed a "Notice of Intent to use a sworn affidavit of c
  3. Thanks for the reply. Unfortunately, I did not mention improper venue. At the time, I recall looking into it and finding something in FL's code that said something to the effect of a lawsuit could be filed if it was where the cause of action started. I did include in my "answer to complaint" that I did not reside in the state at the time of the filing or at the time of service. I did not use venue as a defense though.
  4. I was sued by a JDB in Florida in June 2013. Due to my having moved out of state a year prior, I was not served in my current state until September 2013. I received a notice of lack of prosecution from the court in December 2014 which stated that the plaintiff had to show good cause in writing why the action should remain pending. Today I received a notice of hearing and the plaintiff's motion to appear telephonically. Via the Florida court's website, the attorney filed a notice of intent to use an affidavit of custodian of business records. This is in civil court for over $5000 I receive
  5. I forgot to mention that the lawyer complimented me on my thoroughness after the ruling. He ran up to me a few minutes later, outside the courtroom and asked where I worked. I told him (I work for a large home improvement retailer). He said Really? You should work for an attorney.
  6. Kobe71, I'd be glad to let you know. The first documents they introduced were the alleged credit card statements. Because I was a bit nervous and didn't know if I should interrupt I didn't say anything although the judge didn't really look at them anyway. The next thing the lawyer introduced was the OC bills of sale to the first debt buyer "Thunderbolt Holdings" and a affidavit from Citibank. The bill of sale stated "a pool of accounts", no specific names and the file names were redacted. The affidavit also stated a pool of accounts. At that point I asked if I should object then (the ju
  7. I WON!!!!!!! They sued for breach of contract and account stated. Today, after 2 continuances, a motion to compel (that was ignored) and a lot of stress on my part I had my day in court. I was able to get all of Midland's evidence thrown out. This included bills of sale and affidavits from the OC and from the first purchaser and an affidavit from Midland on the alleged debt. Also thrown out were copies of the alleged account's statements, and 2 "pre-legal reminders" from Midland. The judge actually stopped me when I brought up Rule 201 Judicial Notice of Adjudicative Facts (I was g
  8. Thanks graym!! I really appreciate it. I am very hopeful that all will go well at trial.
  9. Yes thank you Clydesmom. That is why I was asking on here because someone may have an account with LexisNexis etc and have access. I don't have a local law library to go to.
  10. My trial date against Midland is on Wednesday. I have found a great deal of information here and online, in particular a paper titled "Defending Junk-Debt-Buyer Lawsuits" by Peter A Holland. In this paper he cites Am. Jur. 2d Accounts & Accounting section 26. I would like to be able to have the entire section available instead of just the cited part and cannot find access online. Thanks.
  11. Being sued by Midland. Court date was originally set for mid-March (Alabama moves quickly with these things), I filed a request for a continuance (I asked for 60 days) so I could request documents and it was then set for mid- April. In the response to my continuance, the court stated, defendant "is encouraged to contact the plaintiff's lawyer to seek copies of the documents she wants. If she is not satisfied, she may file a motion with the court requesting permission to conduct formal discovery." I sent a first request for documents on March 2 and have not received a reply. Should I just
  12. Also, after they received a copy of my request for a continuance, they sent what they called "a response to your request for validation of this debt". This included several copies of card statements. The copies are very poor and not even legible in certain parts. Other than keeping the copies to show in court if need be, can I require them to send me legible copies? They also have increased the alleged amount I owe by almost $300 since the summons was sent at the end of January.
  13. Yes, for the discovery requests. While I was reading through the rules of civil procedure: Rule 34 is titled Production of documents and things and entry upon land for inspection and other purposes. a) Scope talks about what you can request Procedure "The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party. The request shall set forth the items to be inspected either by individual item or by category and shall describe each item and category