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  1. I Won!!! It went different then I thought but this is it... Met the lawyer he tried to settle, No thank you, he asked why I said its not my debt. He asked for more details for when we go in front of the judge I said ill give you more details when we are in front of him. We are called Philadelphia SC court the judge explained how it works, plaintiff talks then I talk then he makes a decision he said its pretty simple. JDB introduces the cc statement with his other paperwork and I object that the Plantiff has no legal standing that the statement is not notarized and that the acct number is blacked out, there is no foundation for it and that the affidavits are heresay. Quite pause...... judge looks at the lawyer as if to say " well what are you going to say?" JDB says it has my name on it the acct is blacked out for privacy issues and that is his foundation. judge says he will allow it? so now im like WTF? I argue it for a min and the judge stops the convo and askd the jdb if he has questions for me. He asks do I live there at the address, Yes have I ever seen this statement before NO, do I have an acct with OC NO could this be my acct? I asked the judge does he want me to speculate if I had an acct that I have already denied having? Judge--Is this your acct Sir --No your honor Judge-- I pay my bills sir and I hope this is not your acct!! Judge-- to jdb (throws paperwork on desk) guess what? you have nothing!! nothing signed by the defendant, no admittance by him, you have nothing! I see so much of this Junk Debt in front of me and you guys need to get your act together! case dismissed. I wanted to ask for it to be dismissed with prejudice so I said excuse me your honor. Judge--Sir don't say a word, not one word! He was mad that I won but whatever. So thank you to all the people who have helped me directly and indirectly. I have read a lot on this site and it gave me the basic knowledge to fight and represent myself accordingly. Next step? who knows?
  2. Again thank you for the help. So if they have a clear chain from the OC to them (debt was transferred twice) with notarized affidavits isn't that a clear chain to them? I am reading so much my eyes hurt... Im in court tomorrow..
  3. So am I just denying the admission of the debt and the copy of the statement to be mine? What foundation must he lay to admit this paperwork? I think if I know his offense I can prep my defense??
  4. All very helpful thank you. I have been reading a lot on this site and it sounds like the real battle is from jump with fighting the paperwork he is trying to submit. So if he has a statement with my name and address on it and the acct # blacked out wont he try to ask me if I live there and validate the mailing address for the statement? How would I get around that?
  5. There is an affidavit from Credit one about their business paper work practices and that they are true and blah blah. the CC statement has my name on it with the acct # blacked out. I will read up on heresay but by having a statement with my name on does that prove anything?
  6. 4 yrs for Pa and I made a payment 3yrs ago. I called SC court and they said it is informal and I do not need to file any paperwork just show up and tell my story
  7. Only one CC statement from Cap One and a notarized transfer affidavit from Cap One, a bill of sale and assignment, an affidavit of sale,and 2 certs of conformity, the Cap one cardholder agreement and arbitration agreement. I went to court in April they tried to settle with me and I disputed the debt. a court date is set for June 17th 1:15pm It is small claims court so I do not have to file and motions prior to appearing but I would like my ducks in order.
  8. I am in need of some help with this old Credit One Bank. My statement of Claim; An unpaid balance of a MSW Capital, LLC Credit card acct # xxxxxx123 in the sum of $1,889.23 plus interest and costs. So Capital One sold my acct to Sherman Originator III then they sold to MSW Capital who in turn is suing me with the above statement of claim. There must me 50 pages of affidavits etc