Super_Dad

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About Super_Dad

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  1. I will asks for it in discovery, all agreements, amendments to and such, but if they don't produce it, I don't want to push them to come up with one, just giving them a stronger case. I am thinking they don't have one, unless they already lied Breach of contract was not in their complaint. Complaints are : Chase issued card xxxx-xxxx to defendant Defendant made purchases with said account Defendant is in default/ failed to make payments Rice county mn, I haven't found any cases yet, there are 2 default judgments in my county for midland, didn't find any for other JDB's, I was just sear
  2. I will definitely request the JDB's purchase agreement in discovery. What do you think about holding back on specifically demanding the credit card agreement/contract, so I can pull that out at as needed or before trial to have a safety net? (they haven't provided one, their initial disclosure indicated I have been supplied with all discoverable materials relating to this account)
  3. Interesting you bring up the scummy tactics, earlier this week, an early 20's kid stops at my house claiming to sell cancer insurance. Now I live in the middle of nowhere, I asked him who was representing and he seemed confused, and then responded, anyways, he had No literature with him... and wanted to chat me up even though I told him I was not interested in any insurance products. As he is half into his car he asks my wifes name, I said why do you ask, so I can "cross you off my list" he said. I'm pretty sure Messerli & Kramer sent this errand boy out to see if I had had anything att
  4. So that's what @Wins the Battle was trying to tell me. Thank you for that actionable intelligence!
  5. So pursue the affiant ? Assuming he's not available as a strategy to get the affidavit tossed? If they MSJ right away will objecting to their BOS /affiant be enough to survive on? I'm sorry I'm not familiar with the differences and how they were used, the BOS is not even specifically for my account but the group they bought right? What is the actual sales contract?
  6. SeaDragon has some great stuff I have been reading. The more I look at this, the more I think I will go another way (than attacking affidavit) Maybe WhoCares1000 can chime in, I can't find a rule in the MN ROE, RCP that forces the disclosure of all evidence before trial. Also, nothing similar to the affidavit in lieu of testimony (CCP 98) that ASTmedic and Seadragon show What would the actual process look like getting their BOS thrown out, for MN? heres my first stab: I object to BOS being admitted to evidence 1.on grounds its hearsay not meeting biz records exception, that it was
  7. The OC is Chase, I uploaded everything they had with the sales contract except the billing statements, basically a printout from some computer program with the account information. Well any info from the sales contract is redacted, I didn't notice that the BOS is referring to a batch of accounts being sold....interesting Nice catch
  8. Looking at the MN rules of evidence, their B.O.S. was definitely created to survive the business records exception to the hearsay rule their language from the B.O.S. : "This Bill of Sale is executed without recourse except as stated in the Credit Card Account Purchase Agreement to which this is an Exhibit. No other representation of or warranty of title or enforceability is expressed or implied. With respect to account information for the Accounts listed in the Final Data File, Seller represents and warrants to Purchaser that (i) the Account information is complete and accurate; (ii) the
  9. 1. Who is the named plaintiff in the suit? Midland 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) 3. How much are you being sued for? 6k 4. Who is the original creditor? (if not the Plaintiff) Chase 5. How do you know you are being sued? Sherriff 6. How were you served? (Mail, In person, Notice on door) door 7. Was the service legal as required by your state? Yes Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9
  10. Thank you I was misinformed after reading some topics about this, I found nothing about this in the MN RCP.
  11. Can anyone help me with objecting to plaintiff's initial disclosures? Specifically, the form of the document, basically is it just a doc titled response to plaintiffs initial disclosures, followed by my, objection(s) to their request. Also, they attached billing statements and a B.O.S. Should I be objecting to these as well basically challenging their admissibility as evidence? How would I phrase the objection?
  12. Is there anything else I should be requesting in my initial disclosure? Wins the battle said a contract, should I ask specifically for the information of the 2 parties that signed the B.O.S.?, or is that later in discovery? Also what would my format look like, I posted theirs above, do I respond to their requests along with my own? for example: Plaintiffs: (Disclosure A) the name and, if known, the address and telephone number of each individual likely to have discoverable information - along with the subjects of that information - that the disclosing party may use to support its claims
  13. Can anyone tell me if I need to comply with the initial disclosures they stated, specifically "Defendents financial institutions"? That is vague and could be a huge list
  14. Thanks for taking time to respond Wins the Battle, I used the google scholar search, that was actually helpful. Just realized I totally missed a document they included, the bill of sale from chase, which lists the sale of my account, and is signed by someone from chase..
  15. So for my disclosures I don't have much to say it appears, A) me, plaintiff, chase, my bank I have no documents C) looks like I leave this blank D) I am looking at their supplied documents (billing statements) which they claim are all the discoverable info, I have not received a contract, bill of sale from chase to midland or anything even suggesting they have a claim...How do I use that to my benefit?