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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 searching by party here:
  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 attachable. He said he was from the cities, which is an hour from me, and he didn't stop at any neighbors....all 2 of them within a mile. Good for me I have a gate and a game camera that takes pictures, I just wish it had sound. Not sure if I should even expend the effort trying to prove he is not who he said he was
  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 created specifically for litigation, affiants have no personal knowledge, cite MN AG's robo signing jusgement against Midland, and other states AG's litigation with Chase for Robo signing affadavits. 2. State the fact that their BOS does not reflect my account, but a group of accounts, and can therefore affidavit cannot attest to the requirements for firsthand personal knowledge of my account ( I know I need more here, cant find your keeper of records req.) Anyways I did not receive the initial user agreement from plaintiff, shouldn't this satisfy my defense of "Failure to state a claim upon which relief can granted" I am assuming they don't poses one, their Initial disclosures claimed to give me ALL docs in their possession related to this case...errr maybe they could request that from plaintiff ( insight on this would be appreciated) So my thinking is I could use affidavit attack as rope-a-dope strategy when the knock out is from the failure to state a claim.
  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 Account information constitutes Seller's own business records and accurately reflects in all material respects the information in Seller's database; (iii) the Account information was kept in the regular course of business; (iv) the Account information was made at or near the time by, or from information transmitted by, a person with knowledge of the data entered into and maintained in the Seller's database; and (v) it is the regular practice of Seller's business to maintain and compile such data." Now MN business records exemption: "(6)Records of regularly conducted business activity.A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness, unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness. The term "business" as used in this paragraph includes business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit. A memorandum, report, record, or data compilation prepared for litigation is not admissible under this exception.(7)Absence of entry in records kept in accordance with the provisions of paragraph (6).Evidence that a matter is not included in the memoranda reports, records, or data compilations, in any form, kept in accordance with the provisions of paragraph (6), to prove the nonoccurrence or nonexistence of the matter, if the matter was of a kind of which a memorandum, report, record, or data compilation was regularly made and preserved, unless the sources of information or other circumstances indicate lack of trustworthiness." The strongest argument I see at the moment is the fact that the MN AG sued midland and they consented to judgment , for Robo signing affidavits, and their is testimony of former Midland employees saying they signed affidavits having no knowledge of the subject matter. Another thought is just that, their B.O.S. is almost comical in that it pretty much is non existent except to satisfy the Biz records hearsay exception, like in what other contract or B.O.S. would it indicate this was created in the normal course of business... Thoughts?
  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. What state and county do you live in?MN 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) last paid 2/10, charge off 12/11 11. What is the SOL on the debt? To find out: 3 years using DE, 6 for Mn Statute of Limitations on Debts 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Sent a discovery plan, initial disclosures, case not filed with court yet 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Already responded 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Card opened in 03', , gave me last year of statements. BOS with affidavit of assignment from chase to midland I am about to start discovery, and at this point I think I really need to get a game plan, to this point I have just been responding. I will post below what I have sent and received so far. My next step would be to serve Midlands Atty with my discovery. From what I have read on the web and this site, I think challanging their standing, basically their affadavit assigning the credit contract from chase to midland, and going after the afiants from chase and midland, The latter I have no idea how to approach (subpeoning a witness, deposing etc.) I have read Coltfans primer on standing and followed AST medic's method for a general idea of what needs to be done. Plaintiff discovery plan midland_discov.doc Revised plan I sent back Discovery Plan_blank.docx Plaintiff Initial disclosures + exhibits. (B.O.S, affidavit, billing statements) -Note, they have not yet to date provided the credit card agreement which is governing their actions.. they might not have one since card was opened in 2003. Even if they produced one at this point its not included in the affidavit and would definitely be hearsay.(right?) exhibits.doc My disclosures Only listed : Myself Plaintiff Chase affiant from chase affiant from midland. So theres most of it. Which leaves me to now start discovery and go to work on there "evidence". I need a good set of discovery q's which I have seen several lists, 1 from RaceCar and theres a word doc with a shorter list floating around, but more importanty I need good attack plan. THANKS
  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 or defenses, unless the use would be solely for impeachment; Response 1. Plaintiff 2.defendant 3.Plaintiffs predessecors in interest (chase) 4. defendents financial institutions 5. various merchants Should I use their same numberings and add to it my own ? (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 or defenses, unless the use would be solely for impeachment; Response 1. Plaintiff 2.defendant 3.Plaintiffs predessecors in interest (chase) 4. defendents financial institutions -Objection - This request is vague and overly burdensome 5. various merchants - Objection - This request is vague and overly burdensome 6. John Doe man from chase 7.Joe Blow employee of midland Thanks again for the help, just getting feedback is encouraging.
  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?