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Everything posted by JDCHATER

  1. Hi, I lost fighting in trial against a JDB. The witness from the OC bank killed me after introducing the exhibits. I dont have basis to successfully appeal so I wont. What's next? Will the JDB negotiate the debt amount $21,000 if I threat to file KB? Do I qualify to file BK for $21,000? Thank you.
  2. Hello everybody. Its been a long ride and you all helped me to fight the case the best I could. ( I might try going the arbitration route in my next life unless I reborn in the body of a rich person). I just lost In trial against a JDB. Exhibits were introduced by an expert witness from the OC. (Yeah I know, 1 in a million) 1) ACCOUNT STATED 2) MONEY LENT (CALIFORNIA) I Denied everything on my Answer but included no Affirmative Defenses. Credit card opened in 10/2013 defaulted in 12/2014 and charged off on 07/2015. (Within the SOL by 10 days) Plaintiff provided card monthly statements from 08/2014 to 07/2015 showing 3-4 online payments on the card. (OC witness didn't know who made them) 95% of the debt originated prior to 08/2014. ( The expert witness from the OC had no records prior to 08/2014 and had no problem admitting they are gone). My "defense" on trial was to Object to the accuracy of the card statements under (IF THE SOURCE OF INFORMATION OR THE METHOD OF CIRCUMSTANCES OF PREPARATION INDICATE LACK OF TRUSTWORTHINESS). My argument was: 1) how can the witness claim the 08/2014 monthly statement was correct if the 07/2014 monthly statement was not provided? 2) The ONLY cardholder agreement provided was dated 04/2016 and the interest rates don't match the monthly statements. That means Plaintiff did not provide the agreement when the account was open, or at the time of charged-off. Nobody knows what interest rates were charged to the account every month, or what interest % was agreed by both parties, or how much were charged on the account on purchases, late fees, etc. (Again, how do we know the amount of the debt was correct or accurate prior to 08/2014). (YEAH I KNOW, UNDER ACCOUNT STATED IS NOT NEEDED BUT IT WAS INCLUDED ANY WAY. ALSO, MONEY LENT WAS A CAUSE ON ACTION TOO) The OC (Citibank) while the account was active, had to settle 2 class action law suits with the CFPB for illegal financial practices. 1) (Selling credit card debts with inflated interest rates and Overstating the APR for accounts in Sales Files) and 2) Failing to reevaluate and reduce the annual % APR's on 1/75 million consumers) File No. 2016-BCFP-003 and File No. 2018-BCFP-003 DO I HAVE ANY CHANGE OF WINNING ON APPEAL? (I think I can file it for free using a waiver). Thanks to every for helping me. I failed because as my case was weak from the beginning.
  3. How is it done? You prepare them and you file them 7 days before trial or you give them to the judge before the trial starts? I already filed my Memorandum of Costs. I got Plaintiff's when they filed the Trial Brief so I did the same.
  4. So far never admitted it was my debt. The Excel looking spreed sheet provided with info about the account shows somebody else's date of birth. If my credit report doesn't show that I ever owned the debt account, can I use Mistaken Identity as an Affirmative Defense too? If the judge asks why I never reported the theft can I say... because I was never aware of it?
  5. Ok I will, however, I still dont understand how sending a letter stating "Pursuant to your request" when I didn't request it is not manipulation. The letter was sent a day after the case was filed with the court. I wasn't even been served yet. What if I send I letter saying: "Thank you dear JDB for your settlement offer but I am not interested". They never sent me any offer and I didnt request a verification. Thanks anyway.
  6. Oh I see. But why state : "Pursuant to your request..."? That is just straight up document manipulation. Can I ask during trial to the plaintiff's attorney to show me "my" written request for validation? I know is not a great defense and I am not planing on wining the case with it but I want to put some doubt about the legitimacy of their documents from the moment the trial goes on.
  7. Hi, is it a FDCPA violation if the JDB files a lawsuit before contacting the "debtor" before filling the lawsuit.? My lawsuit was files on February 10 and I was served on February 16th. Later on, (I dont remember when) I received a debt verification package that says.."Pursuant to your request and the FDCPA please find attached your debt verification debt from the OC." I HAVE NEVER REQUESTED SUCH VERIFICATION!!! I DIDNT KNOW ABOUT THE LAWSUIT UNTIL THE DAY A WAS SERVED. Is it a requirement that the JDB has to verify the debt before filling the lawsuit? If not, why did my JDB generated such letter without me request?
  8. What are the documents that "MUST" be included by the JDB when the BOL is requested? What if the JDB only sends card statements? What do they need to send in order to comply with the BOP request? I got the normal BS (attorney-client privilege and I didn't get anything that I already had. On my second request I even specified I was requesting then under (Money Lent Cause of action). No luck either..."Plaintiff is still investigation the case, we had contacted the OC, bla, bla, bla
  9. I received from the JDB their Trial Brief and the Memorandum of Costs form by mail. My Trial Brief is ready and I assume I should include my Memorandum of Costs too before I file mine with the court.. Does anybody knows what I am allowed to request for expenses besides court fees? (California Case). If possible, I would like to request money for the 3 days I went to court and the trial was postpone because the JBD wasn't ready for trial. (I know, it was unfair and I objected). I missed 3 days at work $$$$. I spend 20 hours on research ( mostly in this forum :)) answering and requesting documents during discovery. I spent money making copies, mailing documents, driving to court (gas ain't cheap in Cali, ect Do I need to have receipts for all my expenses? I couldn't find any samples online about this topic. Thank you.
  10. I dont know the answers to these question. If I ask them to the witness, as long as he answers " something" ,the judge will think he knows what he is talking about.
  11. Now that I look at the documents again, I see that the JDB mentioned a John Doe Vice President for the OC and his address is 5800 S Corporate Place, Sioux Falls, SD 57108. I think is a BLUFF.
  12. Great questions, thanks. Does the VC suppose to know about identity theft too? My lawsuit is for 2 different accounts (different years same OC) and the card consumer date of birth is "lightly" different for each account. Since both accounts were sold together and included in the same "electronic file" mentioned in the Bill of Sales, can I ask the expert witness how can the same person open 2 accounts using different dates of birth?
  13. Oh, OK. VP not Vice President. LOL Can you write for me 1 or 2 questions for VP John Doe and tell me what the answer "could" be?. That way I will know if the witness knows what he is talking about. I googled the witness name online and found his resume. He comes from the OC collection department. Thank you
  14. Hi, in my case, the JDB answered to my CCP96 with the name of their expert witness, (VP John Doe from the OC). Now, only days from trial, their trial brief says they will bring in : the (Most knowledgeable person from the OC as their expert witness. Should I send them a letter similar to one above or ignore it and object during trial?
  15. YES it is. The JDB filed the lawsuit 1 week before the SOL. Is the deadline for discovery 30 days before trial? If during trial, the case gets postpone for another 4 months (JDB not ready), does discovery get extended too until 30 days to next trial date? Can the plaintiff file a new trial brief then, with new exhibits and new documents never sent before during discovery time?. Also, the JDB expert witness person has been changed from VP John Doe to :.."Person most knowledgeable for the original creditor" (Sounds to me like nobody will show up from the OC. (bluff) What objections should I use on trial for the "new documents" presented 2 weeks before trial and the new mysterious expert witness? I filed my CCP96 for a reason. Thank you. I appreciate of your answers #VD80
  16. "My" account was opened in 2013 and the last payment made was in April 2015. During discovery, the JBC provided a card agreement attachment named FACT SHEET that says something like that "... as of October 15th 2016 the APR% rates will be $23.99". How do you interpret the "AS OF 10/15/2016 DATE"? Could it be an amended agreement from the original created in 2013? Can I object to it base on that the actual debt happened before 10/2015 and therefore we do not have the "correct" agreement on hand so see if the correct ARP % rates was applied to the account?
  17. Hi, Is it a good idea to prepare a Motion objecting to the JCB's exhibits before going to trial? Isn't the Trial Brief the same thing? When do I file my Memorandum of Costs form? I will ask the judge to dismiss with prejudice and I want to JCB to pay for my time and expenses.
  18. Do you think if you had objected under Lack of proper Authentication of the documents from the OC the judge would have sustained your objection? How did you get the Bill of Sale not admitted? How did you object?
  19. Citi Expedia card member's agreement mentions a FACT SHEET. Where can I found such Fact sheet? Is the card agreement the same over the years? Where can I find the contract agreement for an account opened in 2013 or 2014? Where any amendments made to the agreement over the years?
  20. This is from your previous link John C Dear vs UNIFUND: "The court sustained the objection to the affidavit signed by Baker from Citibank because it was not executed under the laws of the state of California". My case is a clone from this case but I never admitted I ever opened an account with the bank. (John C. Dear did). Thanks for Meza v. Portfolio link, I will go over ASAP. I am still a bit confused about subpoena someone. If the JDB doesn't bring a solid witness from the OC the case falls apart under lack of authentication and hearsay. Why do I need to "force" (subpoena) somebody to show up?
  21. The OC affidavit didn't comply with 2015.5 (no mention of ..." under the laws of the State of California"). The JDB answered with the names of the witness that they might bring to court. Their addresses were either in the East Coast or (Attn. the Attorney's law firm address) here in So Cal.
  22. JDB Answered the CCP98 by saying they "could bring" to court 2 expert witnesses , #1 a (VP John Doe from the OC , and #2 Jonny Cash , a (Litigation Specialist from them). I learned in this forum how to deal with the business records exception rule so I will fight it. If a witness from the OC shows up, what if he/she doen't know anything about the account beyond the documents presented by the JBD? How could he/she authenticate any records presented in court without comparing them to the records found in the OC business records?
  23. I have never made any payments to the card. One payment made to the card for $140 when the minimum payment required was $5000 and the statement reads": Payment received Thank you", it does not stated how was that payment made (check, bank transfer, online, Paypal or whatever)
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