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About Yawon

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  1. I have an affidavit that says that the affiant was employed by a JDB on the date the affidavit was signed. However, the affiant's linked-in profile states that they were employed by the parent company in a different capacity on that date. My question is: Does that constitute a false affidavit?
  2. If a credit card agreement says arbitration is not an option for claims filed in small claims court, how do you get the venue changed? What if it is already set for trial?
  3. How does someone request that a motion to dismiss be heard on or before a trial date that has already been set?
  4. When amending an affidavit, do you just draft an entirely new instrument with corrections to amend the problems with the first? How do you refer to the 1st affidavit? I assume you use the date the new one was drafted on, is that correct?
  5. That is wonderful news!!! Good for you, you should be proud.
  6. Has anyone out there ever done an affidavit to oppose motion to summary judgment? How detailed does it have to be? Seeing that there is a hearing, where I could defend myself and argue my points, what should I do? I know I have to respond, I only have a few more days. Ive spent hours and hours this week putting together my affidavit but I don't want to be argumentative. Case law is for briefs, so.....what do I say in regard to missing information?
  7. Yes, I have seen the Palisades case. In my Affidavit Opposing SJ, does anyone know if I need to include Case Law at this point? I am under the impression that case law belongs in the memo of law in the MSJ. I am currently putting together my affidavit and am only using Wisconsin state statutes to support my statements. Is this correct? My affidavit and opposition for summary judgment is due at the end of this week. I hope to have it done in the next few days. Any suggestions anyone has would be welcome. Thank you so much.
  8. Okay here is the Bill of Sale. BILL OF SALE, ASSIGNMENT AND ASSUMPTION AGREEMENT THIS BILL OF SALE, ASSIGNMENT AND ASSUMPTION AGREEMENT is dated (date here), between OC (state here), a national banking association organized under the laws of the United States, located at (address here) (the "Bank") and a$$** Acc*******, LLC ("Buyer"), organized under the laws of the Del*****, with its headquarters/principal place of business at (address here). For value received and subject to the terms and conditions of the Purchase and Sale Agreement dated (date here, one day earlier), between buyer and the bank (the "Agreement"), the Bank does hereby transfer, sell, assign, convey, grant, bargain, set over and deliver to Buyer, and to Buyer's successors and assigns, the Accounts described in Section 1.2 of the Agreement OC a$$** Acc*******, LLC (signature) (signature) (printed name) (printed name) (title) (title)
  9. @debtzapper and @BV80 I did get a BOS from OC....and statements. Do you need those too? My name/acct # is not on the BOS and refers to the Purchase and Sale Agreement, but it is not attached. Statements have no affidavit, either.
  10. @shellieh98 Thanks for the suggestion. This is what I have so far. Went to first pre trial, at that time attorney anticipated filing for MSJ, and the judge gave me instructions regarding how to respond. He said they would be sending me a document saying these are the reasons defendant owes us the money. I am supposed to send back an opposing affidavit that is in proper form. I am to list what they sent me, and give reasons why these documents cannot be used for a summary judgment. This is what they sent me. PLAINTIFF'S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT PLEASE TAKE NOTICE that the plaintiff will move the above-named Court in the County Courthouse at 1234 Courthouse Way, My Town, County of Here, Wisconsin before the Honorable I.M. Judge, Judge of the Circuit Court, on _______________, at ______________, for an order of summary judgment in favor of the Plaintiff herein, plus the costs and disbursements of said action. Said motion is based upon the accompanying affidavit, as well as the documents included herein. Dated this July XX, 2014. AFFIDAVIT OF XXXXX XXXXX XXXXX XXXXX whose business address is 123 JDB Road, Suite 000, City, State Zip, certifies and says: 1. I am employed as a leg** spe******* and have access to pertinent account records for Junk Debt Buyer, Inc. ("JDB"), servicer of this account on behalf of the Plaintiff. I am a competent person over 18 years of age and make the statements herein based on personal knowledge of those account records maintained on plaintiff's behalf. Plaintiff is the current owner of, and/or successor to, the obligation sued upon, and was assigned all rights, title and interest to defendant's (OC NAME) 1234567 (JDB Number 89101112) (hereinafter "the account"). I have access to and have reviewed the records pertaining to the account and am authorized to make this affidavit on the plaintiff's behalf. 2. I am familiar with and trained on the manner and method by which JDB creates and creates and maintains its business records pertaining to this account. The records are kept in the regular course of business. It was in the regular course of business for a person of knowledge of the act or event recorded to make the record or date of compilation, or for a person with knowledge to transmit information thereof to be included in such record. In the regular course of business, the record of compilation is made at or near the time of the act or event. The relevant financial information regarding the account includes the following: 3. JDB's records show that the defendant owed a balance of XXXX.XX as of 2014 (date here) 4. JDB's records state that this action is based upon a revolving credit agreement entered into between defendant and original credit grantor. JDB's records further state that defendant used or authorized the use of the credit card account but failed to make the payments due pursuant to the agreement. I certify under penalty of perjury that the foregoing statements are true and correct. (DATE) (SIGNATURE) (is notarized) SECOND AFFIDAVIT AFFIDAVIT OF SALE OF ACCOUNT BY ORIGINAL CREDITOR State of (state here) County of (name here) (persons name here), being duly sworn deposes and says: I am the Fin****** Acc**** Man**** of (original creditor) located at (address here), am authorized to make the statements and representations herein and I am over 18 years of age. In this position, I have access to the creditor's books and records and I am aware of the process of the sale of accounts and electronic storage of business records. On, or about (Date here) ORIGINAL CREDITOR sold off a pool of charged off accounts (the accounts) by a Purchase and Sale Agreement and a BOS to a$$** Acc*******. As part of the sale of the accounts, certain electronic records were transferred on individual accounts to the debt buyer. These records were kept in the ordinary course of business of creditor. I am not aware of any errors in the information provided about the Accounts. The above statements are true to the best of my knowledge. Signed this (date here) (affiant's signature) Sworn before me this (date here) My commission expires (date here) (notary signature)(notary stamp) NO NOTARY STAMP There IS one more, but it pretty much says the same thing the other one from a$$** Acc******* says. If I find a link, I will post it here.
  11. Plaintiff filed a Notice of Motion/Motion for Summary Judgment... no brief. How should I respond?
  12. Shellie, You explain everything so well. Your assistance and presence on this board is priceless. Thank you, thank you, thank you for being here!