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About Adam1973

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  1. Thanks. I poorly summarized in stating that a Citi official was required. Judge just ruled that Cavalry's affiant wouldn't suffice to speak to Citi record keeping, sine they didn't have first hand knowledge. I argued that Cavalry didn't prove ownership in my Complaint Response. I also asked for this proof in Discovery and was stonewalled. After this, Cavalry presented the unqualified affiant for Summary Judgement. Any legal argument for them not providing this proof with their Complaint? It seems they get many opportunities to verify something that should have been provided as evidence for their lawsuit? I'm grasping at straws. Maybe I can submit a motion to dismiss or other inexpensive last ditch effort to end in my favor before trial? I'll consult with an attorney but it's tough to find one that's not disinterested. In my experience, they seem to have predetermined plan to seek the path of least resistance; settle or declare bankruptcy. I'll also dig for a legal basis to thwart witness testimony. I'm guessing the Court already feels generous for inconveniencing the debt buyer by denying Summary Judgement. I appreciate the feedback. Thanks
  2. Hi, I posted previously regarding Circuit Court's denial of Cavalry SPV 1's Motion for Summary Judgement. The Circuit Judge ruled that Cavalry records were inadmissible without a qualified witness from Citibank to validate records and assignment of the account. Today we had the pre trial conference with the Judge. The Judge asked if we're ready for and/or how long do we need before trial. Plaintiff's attorney didn't attempt to seek a settlement discussion. She stated that Plaintiff was ready to proceed, 'since they only planned to call one witness'. This was a kick in the gut. Trial date is set for July. Do you think the witness is a bluff or will Plaintiff roll out someone qualified to testify on the assignment and account records? The claim is for roughly $12,000, so it seems like cost to produce a witness would be worthwhile. On the other hand, this would be a shrewd tactic to scare me into thinking they have the upper hand. If so, it worked but I didn't react. Given the specificity of the Judge's earlier ruling, a qualified witness is Plaintiff's only recourse to win the case. I just don't know if this is a bluff that will be followed by settlement offers, or if Cavalry can cut me down by producing a witness. For what it's worth, the credit card account was active for 10 years prior to its closing. Any thoughts or suggestions are much appreciated!
  3. Thanks for the feedback and support with this. If all goes well, I'm happy to share all the case documents. My response was crafted (err...mostly copied) from someone who was able to get their case dismissed in a different state. The guy skillfully dismantled what i assume is Cavalry's template for summary judgement motion. Sued in a different state with different law firm representing Cavalry, yet the documentation and wording of plaintiff's motion, affidavits, etc. are nearly identical. All I had to do was exchange his state's court citations with similar rulings in Ky. I wouldn't consider attaching my response without linking to and crediting the guy who actually wrote it. Maybe a decent tool for others to use against Cavalry. As Goody_Ouchless mentioned, I do think some specific wording or words were key to justify denial of the motion. With more info, I'm sure Harry Seaward and Goody could quickly identify these elements. At best, the argument against summary judgement could be legally sufficient for an empathetic judge to deny summary judgement. If screwing consumers in favor of creditors was considered progressive and innovative, then Kentucky would be the Elon Musk of states. Kentucky is one of the worst states for debt collection defendants. I assume this is because a relatively poor state will gladly sacrifice its residents to please and attract corporate interests.
  4. A follow up question. I have another case in litigation that is very similar. It is a suit brought by the same jdb -Cavalry Spv1, in same Circuit Court, same OC (but different credit card account). The Complaints were submitted a couple weeks apart but the plaintiff's evidence is nearly identical to that which was just deemed insufficient (at least for Summary Judgement). The accounts were allegedly purchased in the same batch of junk debt. As such, the same bill of sale was attached to the separate complaints. This suit is in Discovery and is dragging some weeks behind the one discussed above. Both suits were originally submitted in early 2018 with much inactivity between small flurries of ineffective Discovery. Then at the end of 2018, plaintiff pushed motions for summary judgement on both accounts. As soon as I submitted my response/objection discussed above, Cavalry fired off a motion for summary judgement on this other account. About 5 days after submitting motion for summary judgement on the 2nd account, Cavalry withdrew the motion. I was honestly relieved despite already spending hours tapping away at another motion response. Cavalry would not have known that the Court would rule in my favor when they pulled the plug on the motion. I'm guessing their strategy has been to overwhelm me to some extent. The Complaints, Discovery requests, and motions were staggered to ensure I always had a responsive deadline hanging over my head. Assuming I win the case discussed earlier, shouldn't this mean that the same argument regarding insufficient records foundation should squash the 2nd case? Would it make sense to ride this wave of unexpected court support and push for summary judgement on the 2nd suit? Thanks for commenting!
  5. Thank you sir! I hope this is true. I'll update after in court appearance or trial. If this does end in my favor, it is especially unusual in Kentucky. Based on everything I've read, Kentucky courts are notoriously anti consumer. I guess this makes sense as a strangely hardcore and super conservative Republican state.
  6. Oh, I should mention that we never had an in person meeting regarding this. If i understand correctly, the Court can and will consider some motions without bringing parties together. Or I missed the motion hearing which seems unlikely since I'm constantly checking for court hearing updates. Anyway, this is from a signed Court order denying motion. I just don't know if it should prompt me to take some action?
  7. We have not had a hearing. A 3 page order signed by the judge was sent to plaintiff and I regarding the Court's findings. It basically summarizes that Cavalry motioned for summary judgement, I objected due to reasons mentioned, plaintiff countered my response, and Court concluded Motion for Summary Judgement denied. The order in part states "the Rule requires a foundation be established for the documents by the custodian of records or other qualified witness who can competently testify that the documents satisfy all elements of KRE 803(6). The Court agrees with Defendant that an employee of Cavalry , who was never an employee of Citibank, is not qualified to testify whether or not Citibanks records were created and maintained pursuant to KRE 803(6). Consequently, Plaintiff's Motion is not well taken. Therefore, it is herby ordered and adjudged that Plaintiff's Motion for Summary Judgement is DENIED" Thanks for asking!
  8. Hi, Cavalry SPV1 sued me in Circuit court for a debt I allegedly owed Citibank. I raised Lack of Standing as my primary Affirmative Defense in my response to the complaint. Discovery back and forth with boilerplate responses from Cavalry. They recently submitted motion for summary judgement. I responded to the motion with emphasis on Cavalry's failure to connect my specific account to a bill of sale they offer as assignment proof. In their motion, Cavalry SPV trotted out an affidavit signed by a Cavalry Portfolio Services employee claiming to confirm debt attached to me, knowledge of Citi record keeping, etc. The other affidavit was signed by an employee of OC, but failed to make any specific mention of my account. In a nutshell, I objected that a CPS employee couldn't possibly attest to Citi record keeping or be used as a reliable affiant to confirm accuracy of my former account with Citi. The Court agreed that a Cavalry employee couldn't testify that Citi business records were maintained pursuant to KRE 803(6). The motion was denied. I have a pre trial meeting soon regarding this case. I'm not sure what to do next. Should I submit a motion to dismiss, motion to compel discovery, motion for summary judgement or other??? I'd rather not attach documents since the case is currently in litigation. Any help or advice is greatly appreciated!!!! fyi...I asked for proof of assignment in Discovery and response was something like, 'discovery still ongoing see attached file' or some other useless response. I'm hoping it makes sense to push for some conclusion since Court concurred that proof of assignment has not been validated and Cavalry has danced around this for months. I don't think Cavalry will be able to pull in a Citi employee to testify that the 2016 account is accurate, but you never know.... Thanks a lot!
  9. Thanks for the info. That is obviously not good news for me. This certainly leaves the door open for Plaintiffs to create whatever they need to satisfy a burden proof. If you think about, all they need is minimal proof that you owed somewhere around what they claim. After this, they just slap together an account statement and claim it was photocopied. Ugh. I appreciate the responses. Very helpful info that I could not find elsewhere.
  10. Thanks I will certainly check out the link. The account was allegedly opened in 2003. I literally have no documentation including no contract. I sense the Plaintiff will readily settle this, but I feel compelled to dispute them on principal if nothing else. Granted I don’t want to lose ~$15k but I can’t stand their predatory and dishonest tactics. I’m planning to at least submit a motion to dismiss w/prejudice citing unclean hands. Win or lose, I’d like to give my 2 cents on principals of ‘equity’ that jdb undermine by falsifying evidence and preying on under represented defendant’s. Expertise in legal maneuvering and procedure shouldn’t be and isn’t foundation for any true justice or equity. I argue that they are undermining the integrity of the court and poisoning the ethicacy of the judicial process. I’ll save my rambling for the court to glance at and deny!
  11. No, the claim is for more than $10,000. Thanks
  12. Yes. I am being sued. Since I brilliantly used my actual name, I've attached a similar questionable statement unrelated to my suit. The yellowed statement was provided by a JDB and I don't think it authentic. The account statement from my suit shows 2 decimal points misplaced, this just shows the Interest +$86.01 decimal point offset compared to the rest of the column. This error is consistent with fake 'Citibank spreadsheet' templates I've found online. Every suspect statement I've seen contains this error on the Interest line. I've not found this error on any known authentic cc statement. The white/blue $13,559.60 statement is an original authentic Citi statement, just not mine. The decimal point error is not the only irregularity I've found, just one that seems should be provable. My guess is that the true bank statements are populated without any hand typing. The fake statement could only be entered by hand and thus subject to mistakes not found in an formatted excel spreadsheet. Also notice the spacing inconsistencies in the fake statement. This is another trait of the fake statement. I think the line spacing screw ups are caused by info on the left side of the page. Without the actual bank statement format, it must be difficult to reproduce the entire page left to right without error. Please let me know any thoughts, suggestions, or questions. I can provide more info or better pics if needed. Thanks!
  13. Yes. thank you. It may take me a bit to edit out identifying details but I will send by morning. Thanks for responding!
  14. I would send a debt validation request disputing the claim before settling. They'll send you back proof if they have it. Check closely to ensure they didn't manufacture cc statements as alleged proof. I've recently received similar JDB collection letter and they sent back bs for proof. Remember if you settle with them you're still on the hook for income tax on the entire amount in dispute e.g. if you owe $10,000 and settle for $4,000, you have to pay income tax on the other $6,000. This awareness prevented me from considering settlement as anything but a last ditch forced option. just my opinion and I'm not an attorney and am still in dispute.
  15. I should also add the statement represents Cavalry's only justification for proving it's exact claim amount. I highly doubt I'm the first to receive manufactured 'proof of claim' disguised as a legit account statement. Other telltale signs of falsification are; mistakes in spacing, margins or other minor syntax errors, lack of any details difficult to forge (shapes and shading used in authentic statements), and no claim of purchases - they could easily be de bunked. The statement is a ready made tool to use as proof I owned the card, owe the debt, and it substantiates their claim for the exact amount claimed, including interest. They even have 2 separate but different credit cards listed in the title! Nonetheless, I have no original statement to offer in dispute. Despite the many inconsistencies and proof of manipulation, I'm not so sure that this statement won't be admitted as a 'reasonably reliable record'. In my unqualified opinion, I need to find some validation that Citi or any other major bank doesn't spit out account statements without aligning decimal points from top to bottom of each column. Check any statement you have and you'll find that any table with previous balance, payments, purchases, fees, etc show consistent position of decimal points in each column. This is significant because it's apparently somewhat difficult to fake a statement and maintain perfectly aligned decimal points from top to bottom. I've been scouring the internet for some verification but have not found any info to validate this. Any comments or info would be greatly appreciated!