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About Noreturn

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  1. Yes they attached 37 documents. one page is a document titled Bill of Sale / Forward Flow the rest are 12 consecutive monthly billing statements. 3 pages each month. each month the 3rd document is generic info I assume normally printed on the backside of a statement. 11of the 37 are identical repeats
  2. My intention was to ask if all of the points I listed could lead a judge to agree there are genuine trustworthiness concerns. Sorry if my communication was unclear, hubby had his fricken guitar cranked.
  3. Same case, I removed that affidavit once it was objected to and stuck during summary judgment (also removed for privacy protection against opposition) This affidavit came following plaintiffs summary judgment hearing. The former Capital One affidavit was issued also from the same employer / affiliation she did not have personal knowledge.
  4. Debt buyer is PRA, account stated cause. I beat their summary judgment by objecting to their evidence and with my declaration (no final statement sent). This affidavit is the only OC evidence they've submitted except general bill of sale paragraph. Nothing yet from OC attesting to account existence, balance, mailing forth. Does it matter that affiant is an affiliate?
  5. Are you suggesting waiting until trial to object? Oh man I'd be even more nervous... but could be worth it. If I wait until trial do I risk waiving defenses? What are your thoughts about the affidavit I posted? Is there anything I can use or is it solid?
  6. Altered wasn't the right language, edited perhaps? Formatting? Insignia differences in 2 series and size. But really can't verify the actual content due to the small size of record presented. I received full size documents prior to this suit in response to debt validation, full size documents in discovery now they're trying to authenticate with a reduced sized document doesn't make sense.
  7. "37documents" also includes a Forward Flow Receivable Sale Agreement Bill Of Sale dated 06/27/2018
  8. Received notice of intent to use 902 (11) evidence at trial. The mandatory notice included OC business records affidavit and "37" documents. The documents appear to be billing statements covering a 12 month period, including alleged last statement. The statements are certified to be true and accurate. The thing is...every monthly statement is obviously altered or edited. The actual text covers approximately 1/3 of the page. The font is super small (not quite fine) making it hard to evaluate. Each monthly cycle includes two pages 1 of 2 & 2 of 2, reflecting charges/credits, balance, due date and so on. However the "last" billing cycle is still just two pages although page # footer indicates there should be 5. OC sent 1 of 5 and 2 of 5 for the cycle plaintiff is relying on for an account stated cause of action. Do I have a valid trustworthiness argument? Please take look at OC affidavit. Affiant references 37 documents without identifying them. Affiant fills in blanks in notary statement at the bottom. I do not see a sworn statement under penalty of perjury that is required, maybe it is implied by notary. I have no clue what that jargon truly means. The affiant claims to be litigation support employed by an AFFILIATE of cap1, not sure if it makes a difference? Thank in advance. Less than 4 weeks before I trial, I would love to have this 902 (11) evidence go away via motion in limine.
  9. Pointers to prepare for trial? Opposing mentioned something about providing me a notice to obtain additional documents, any idea what notice he may send?
  10. PRA's Motion for Summary Judgment Denied. The ruling was based on my opposition successfully establishing a disputed material fact ( and valid objections). I filed a sworn declaration claiming the bank failed to provide monthly statements, specifically a final statement. The declaration nailed it. Now where may the path lead? I wasn't really prepared for anything other than appeal process. Is a pro se defendant better off fighting JDB in a court trial? or perhaps my chances are better if I file my own motion for summary judgment? What are some case killers to watch out for? Any must know info or motions to request? Thanks forum u r priceless! Sound unbiased knowledge
  11. MSJ DENIED Motion for summary judgment based on allegations of an account stated w/ Capital One DENIED. Because of this forum! I immediately filed a sworn declaration attesting that the bank did not provide "periodic account statements" more specifically a final statement. I made valid objections to PRA's affidavits, all learned here. Thanks y'all. Now should I file my own MSJ or let it move onto trial?
  12. I wouldn't expect them to over $702.11 then. I'm sure they were banking on a default judgment which a year ago they probably would have gotten one.