baddad12

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About baddad12

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  1. I just had mu Summary hearing yesterday, also, and it, too, was dismissed. But I'm of the same opinion that at trial I have nothing to show that I don't owe this debt. Judge dismissed on the grounds that Midland's affidavit only attested to Midland's records, not OC. But JUdge gave me a heads up and said better have some kind of documents showing why I should not have to fork over money.
  2. OK. Went to Summary Judgment hearing yesterday and After arguing that no contract or any other instrument was pleaded showing terms and conditions other than a single statement mailed to old address and that Midland's affidavit would not confirm that affant could have knowledgeable info about a citibank account the Judgment dismissed the Plaintiff's motion. I may have won the battle but lost the war. Judge stated that because I was Pro Se he gave "wide latitude" but that at hearing next month better have "documentation' showing that this is not my account. He ordered discovery to be within two weeks and hearing is 6-15-15. I might be going down swinging.
  3. When I was reading Justiceforall's link I found the Rily vs Unifide case and the Appeals Court ruling reversing District Ct finding for Plaintife in a Summary Judgment. There striking paralles to my case..
  4. The only thing Plaintiff has submitted showing use was the redacted printout that came with the assignment from Citi indicating a payment made back in Sept 30, 2010. But as you say, who made it? No supporting docs with it. This assignment and the single statement 8 months later from Citi with no activity are the only exhibits that came with complaint. I've read Justiceforall, Helpful.
  5. I'm going in on Monday to the Motion for Summary Judgment. At this point I will argue that no agreement has been submitted, signed or otherwise indicating terms, interest rate, or other conditions. They have no contract, just a single statement with a balance and no activity mailed to an old address. The redacted addendum to the assignment shows a payment back in Sept. 2010 but from what I've read in case law a payment can't prove assent unless there is proof the payment was made by the defendant. They need a receipt, copy a check, money order or something showing the defendant was the one who made the payment. I'm starting with the breach of contract defense as was indicated but will shift to stale affidavits and this payment issue if they try account stated. Any other suggestions will be appreciated. Thanks
  6. Yes, my personal detail is shown on the computerized printout (name, address, social sec. #. This is where a payment shows back in Sept of 2010 along with the charged off amount. Like I said, the only real statement is dated March 0f 2011 and shows no activity except a late fee added to the balance. There are no terms or conditions on their statement. If this is account stated then their two affidavits are here say right? And if its breach then don't I have to have a contract? Or is the one statement that was sent enough?
  7. Here is the Exhibit A attached to the complaint Bill of Sale and Assignment This bill of sale and assignment dated March 28, 2014, is by Citibank, N.A.., a national banking association organized under the laws of the United States, located at t 701 East 60th Street North, Sious Falls, SD 57117 (the “Bank”) to Midland Funding LLC (“Buyer”), a limited liability company organized under the laws of the State of Delewarde, with its headquarters/principal place of business at 3111 Camino Del Rio North, Suite 1300, San Diego, Ca 92108. For value received and subject to the terms and conditio9ns of the Purchase and Sale Agreement dated March 25, 2014, 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 Exhibit I and the final electronic file. With respect to the information for the Accounts listed in Asset Schedule, to the best of the Bank’s knowledge, the Bank represents and warrants to Buyer that (i) the Account information constitutes the Bank’s own business records and accurately reflects in all material respects the information in the Bank’s database: (ii) the Account information was kept in the regular course of business, (iii) 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 Account’s database: and (iv) it is the regular practice of the Bank’s business to maintain and compile such data. Citibank, N.A. The document is signed by a Patricia Hall who states she is the Financial Account Manager Attached to this document is a computerized printout with my personal info in a redacted file indicating a payment made on 9-30-10 and the charge-off balance. Also attached to the complaint was a statement from March of 2011 and mailed to my old address showing the same balance. I don’t know which is supposed to be Exhibit A or if both are. Nothing was indicated.
  8. The dates of the affidavits are March, 2014 for the one from the OC and November 11, 2014 for the one from Midland. The Complaint and Summons is dated 10-31-2014. This is why I wanted to know if this is an account stated claim since if it is, it woud make these addidavits heresay and inadmissable, would it not?
  9. So I called Midland lwyers office this morning and the girl who took my call explained that SS must be your only source of income and that real estate would exempt me from their bill of rights. End of call.
  10. The reason for the three denials was they were in answer to the three allegations in the complaint. That I was the said owner, that I missed payments and that I hence defaulted. I plan on calling Midland Monday A.M. to inform them I receive SS and see what they say. In reply to the low budget court, it is actually in front of one of the District judges. I'd still like to know if this complaint is a breach of contract or account stated. Can you tell from the complaint in the thread? Yes, the judge did tell me to contact Citibank myself. I think he was inferring that Midland had made its case for Summary Judgment and that the burden had now shifted to me to prove I didn't owe the debt. For some reason he seemed to ignore my pleading that there was a material fact in dispute here in that the affidavits are both stale and that the assignment is faulty and so Midland lacks standing. Assuming I can't get a dismissal from Midland this week because of uncollectible income, next Monday (the 18th) I must go back in there to do battle again. Any help is appreciated. I can upload my answers to complaint and also the Motion for Summary J. but not sure how to post mailed documents from Midland or/court. Thank you.
  11. I guess I first need to know if this is an account stated or breach of contract complaint.
  12. Ok. I have been served a summons and complaint dated 10-31-2014. The complaint reads as follows: 1. The Plaintiff is the owner of the within credit card account through purchase, bearing account number XXXXXXXXXXXXXXX. 2. By use of the account, the Defendant became bound by the terms in the credit card agreement. The existence of the debt is established in the exhibit hereto as Exhibit A. 3. The Plaintiff has exercised its rights pursuant to the terms of said agreement to accelerate the time for payment of the entire balance due and owing by the Defendant to the Plaintiff . 4. That there is now due and owing to Plaintiff be Defendant, the sum of$xxxxx on said credit card agreement. 5. Although demand has been made upon the Defendant to liquidate the balance due and owing, the Defendant failed to do so. With this Summons and Complaint came a copy of a statement from Home Depot dated March 11, 2011. Also came an assignment and bill of sale from Citibank dated March 28, 2014. I answered this complaint denying all the above claims. Then I got a Discovery. Then I got a copy of a Motion for Summary Judgement. This was for April 20, 2015 and I answered with my own affidavit denying that I owned the account, denying missing any payments on the account and denying that I defaulted on this account. When we got in the court room and in front of the judge I had a feeling the odds were against me. The judge stated that the Plaintiff had two affidavits, one from Citibank, dated 4-2014 and one from Midland dated 11-2014 indicating that people who were knowledgeable said I owed this debt. I stated that I didn't believe these affidavits were valid and that the assignment does not clearly state that an account of mine was assigned to Midland. The judge basically said he would not enter a judgement that day against me because I was pro se and said I'd better get ahold of Citibank and/or get a lawyer. Now I have a decision to make. I am retired and draw SS. Do I pay $500 for a lawyer and go back or is there something I can do myself and save some bucks. I have no intention of paying these JDB's a dime and will make sure my accounts are not comingled. As you read this complaint can I use the stale affidavit defense or does it not apply here? Need some help but not afraid to fight!! Thanks
  13. Sorry, the affidavits were dated 4-2014 and 11-2014...not 2015
  14. Ok. I have been served a summons and complaint dated 10-31-2014. The complaint reads as follows: 1. The Plaintiff is the owner of the within credit card account through purchase, bearing account number XXXXXXXXXXXXXXX. 2. By use of the account, the Defendant became bound by the terms in the credit card agreement. The existence of the debt is established in the exhibit hereto as Exhibit A. 3. The Plaintiff has exercised its rights pursuant to the terms of said agreement to accelerate the time for payment of the entire balance due and owing by the Defendant to the Plaintiff . 4. That there is now due and owing to Plaintiff be Defendant, the sum of$xxxxx on said credit card agreement. 5. Although demand has been made upon the Defendant to liquidate the balance due and owing, the Defendant failed to do so. With this Summons and Complaint came a copy of a statement from Home Depot dated March 11, 2011. Also came an assignment and bill of sale from Citibank dated March 28, 2014. I answered this complaint denying all the above claims. Then I got a Discovery. Then I got a copy of a Motion for Summary Judgement. This was for April 20, 2015 and I answered with my own affidavit denying that I owned the account, denying missing any payments on the account and denying that I defaulted on this account. When we got in the court room and in front of the judge I had a feeling the odds were against me. The judge stated that the Plaintiff had two affidavits, one from Citibank, dated 4-2015 and one from Midland dated 11-2015 indicating that people who were knowledgeable said I owed this debt. I stated that I didn't believe these affidavits were valid and that the assignment does not clearly state that an account of mine was assigned to Midland. The judge basically said he would not enter a judgement that day against me because I was pro se and said I'd better get ahold of Citibank and/or get a lawyer. Now I have a decision to make. I am retired and draw SS. Do I pay $500 for a lawyer and go back or is there something I can do myself and save some bucks. I have no intention of paying these JDB's a dime and will make sure my accounts are not comingled. As you read this complaint can I use the stale affidavit defense or does it not apply here? Need some help but not afraid to fight!! Thanks