kawikaweston

Boy I love the internet and I should have been a detective! Take a look at this ... Attached is an Affidavit of Sale of Account By Original Creditor and Certificate of Conformity. I received these two documents in my BOP request ... I was searching online to figure out what the Certificate of Conformity was used for and I came across the attached document from the State of New York. Evidently a person from out-of-state (in my case Iowa) can notarize an affidavit for the State of New York but needs to attach a Certificate of Conformity. My question is why would I receive these documents that are clearly meant for a suit in the State of New York if the JDB is suing me in the State of California where I reside? Am I missing something?

Seadragon, What do you mean "make admissions that are specific"?

How does this look? Meet And Confer Letter On December 1, 2014, the Plaintiff responded to the DEFENDANTS DEMAND FOR BILL OF PARTICULARS; thank you. However, the response served is not sufficient. The Plaintiff has alleged cause of actions for an Open Book Account and Money Lent. In the Plaintiff’s response, the Plaintiff attached an Exhibit “1”. The Plaintiff alleges that this is “… a printout of Plaintiff’s computer system reflecting Defendant’s account …” and “It is Plaintiff’s business practice to enter each debit and/or credit applicable to a particular account, including Defendant’s account, at or about the date such event occurred.” Although the printout does show that an account was allegedly created for the Defendant by the Plaintiff, the printout does not show the corresponding debits and/or credits as well as the dates such events occurred. To reiterate my original request in my DEMAND FOR BILL OF PARTICULARS, I will need the following: - The specific items for which payment is demanded; - Date of each item, transaction or service; - The specific charges for the services or items; - How the Plaintiff came up with amount suing for in the amount of $X,XXX.XX In responding to the Defendant’s request for “Proof that the plaintiff owns such account”, the Plaintiff attached the following Exhibit “2” incomplete documents that the Plaintiff alleges are “a true and correct copy of the Chain of Title from WELLS FARGO to the Plaintiff.” They are: - “Exhibit 1 - BILL OF SALE” mentions an “Agreement for Purchase and Sale of Charged-Off Accounts dated April 15, 2011” and “Exhibit A” however, both of those documents were missing from the Plaintiff’s response; - On the bottom of the page of “Exhibit A - ASSIGNMENT AND BILL OF SALE” shows page 9 however, pages 1 through 8 were also missing from the Plaintiff’s response. The Defendant is requesting that the Plaintiff provide the missing documents mentioned above on or before December 23, 2014. If Plaintiff fails to do so, Defendant will move the Court for an order requiring a further response or, in the alternative, an order precluding Plaintiff from offering any such evidence at trial. Thank you for your cooperation with this request.

I am getting ready to go back east for the holidays for a couple of weeks so I want to get my Discovery out in the mail next week. Question: The response I received back from the Plaintiff was lacking in information. Do you think it's a good idea to send a Meet And Confer letter addressing the missing items or can I just re-request them in my Discovery? I'm thinking that I might need to send the Meet And Confer because the Plaintiff could say they already responded in my request for BOP or I could refer to what the Plaintiff sent in my BOP in Discovery and mention to them that the information was lacking and I still need ... Your thoughts? P.S. HelpGreg, still reading!!

"... take it to the local branch of the bank. I think that taking it to the local branch manager would be sufficient." Seadragon, Do you think that will work? I'm willing to try it!

Here are the two Bill of Sales I mentiond aboved ... Something doesn't seem right ...

The other day I received a Bill of Sale from Persolve during my BOP and the document refers to a "Purchase and Sale of Charged-Off Accounts dated April 15, 2011". For the heck of it, I Google searched this same description and got a hit! It's a copy of the "Flow Agreement for Purchase and Sale of Charged-off Accounts" for Wells Fargo the OC and the first JDB Security Credit Services dated April 15, 2011 the same date on the Bill of Sale I received! It was located at http://dalie.org/contracts/. The only difference is that the document I located on-line had a fax copy of a different Bill of Sale exactly the same but was signed and notarized with different names and dates. The top portion is exactly the same with the same sale date of April 15, 2011. My question is can I use this or does it have to come directly from Persolve? Thanks!

Thanks HelpingGreg ... So far "Standing when dealing with JDB" by Coltfan1972. Awesome stuff!

I also checked on an Iowa website and it states "The affidavit must include the following language: "I certify under penalty of perjury and pursuant to the laws of the state of Iowa that the preceding is true and correct." The affiant should then sign and date the document." The funny thing is is that the form was downloaded off of a New York Courts website because it shows the link under "Free Civil Court Form". It looks like this document is not valid and I can have it excluded which means they cannot complete their Chain of Title ...

I have a quick question ... In the group of papers I received yesterday from my BOP request, I received a "Affidavit of Sale of Account by Original Creditor" ... It was notarized but the funny thing is that even though the Affiants name was typed on the document, it was never signed by her! Also, it doesn't say anything about "being sworn under penalty of perjury". I'm thinking that's a big deal!!

Good points string ... I guess receiving less information from them will actually work in my favor!! Since I have some time, I am going to take HelpGreg's suggestion and read up to help me plan my next move!!

I don't have a trial date yet. First conference is set for 2/3/15.

I will read it all!!! Thank you!

I want to send a Meet And Confer Letter regarding this piece of evidence ... This is what I have so far ... In the PLAINTIFF’S RESPONSE TO DEFENDANTS DEMAND FOR BILL PARTICULARS, the Plaintiff attached as Exhibit “1” (attached and is also referred to as the Defendant’s Exhibit “1”) which the Plaintiff claims “is a true and correct copy of a printout of Plaintiff’s computer system reflecting Defendant’s account …” and “It is Plaintiff’s business practice to enter each debit and/or credit applicable to a particular account, including Defendant’s account …”. Exhibit “1” clearly does not satisfy the Defendant’s original DEMAND for details of the account on which the cause of action of Plaintiff’s complaint is based, including: - The specific items for which payment is demanded; - Date of each item, transaction or service; - The specific charges for the services or items; - How the Plaintiff came up with amount suing for in the amount of $$$ Am I on the right track? I can always get additional information on the other items they sent me through discovery.

HelpingGreg ... Yes, I am reading and reading a lot ... I think you may have picked up on my "panic" reaction. I tend to be reactive at first (a flaw I definitely have) instead of just taking a few moments and deep breaths before diving in ... With that said, I think at this point I'm gong to move right into Discovery ... In my Discovery, can I refer to documents that were provided in the their response to my BOP?