mortis88

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About mortis88

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    Los Angeles, CA
  1. Thank you! Good information! Can we take this a little further? Let’s say a well-meaning defendant objected in earnest at the point the documents were simply introduced to the custodian to authenticate. The judge overrules. The defendant, assuming he has properly objected to the documents, offers no further objections. What might the consequences be in that scenario?
  2. Business Records and Hearsay Objections, court procedure? I would like to ask a procedural question. If a plaintiff attempts to introduce a “business record”, and the defense objects that it is not qualify as a business record, but the plaintiff has the required support for admitting said business records...how would this typically be handled in a courtroom? Would the judge sustain the defense’s objection, but then offer the plaintiff an opportunity to demonstrate compliance with a business records exception? Is there such a thing as 'tentatively sustained'? Or would the judge defer on a ruling? I guess what I'm trying to figure out is...how could a custodian validate a business record at trial if the business record can’t be introduced until it’s been validated by the custodian...I know there must be a break in this circuit somewhere. Thanks!
  3. Bank of Hoven changed it's name to Plains Commerce Bank in 2001 after acquiring a few other banks. The name Plains Commerce Bank replaced Bank of Hoven on my CR beginning January 2002. The addresses are nearly identical: '220 Main St' on the new record, '200 Main St' on the old record, both in Hoven, SD 57450. I did file a Change of Address Order when I moved to my current residence. I have lived at my current address for 4 1/2 years now and have not received any communications from Plains Commerce Bank. I wasn't certain if I should start by contacting the CRA's and pointing out that this has been on my CR for 8 years now, or contacting Plains Commerce Bank directly. I get the impression that the CRA's won't be very helpful in this matter. ----- The California Laws sticky was great. I have one other negative account remaining on my record and it is a little over six years old. When I requested an investigation, the CRA reported the debt as 'Verified'. Looks like I'll be using techgoddess's handy letter to address that last neg item!
  4. I had a balance due of $55 on a credit card account that was closed and declared a 'charge-off' on 09/1996 (Plains Commerce Bank, formerly Bank of Hoven.) Last September, the account was removed from my credit reports as the seven year limit passed. Now the account has reappeared with the same balance and account#, but with new dates: 'charge-off' as of 11/2003. I have credit reports since 1998 that show the 'charge-off' as of 09/1996, but no other documentation regarding the status of the account. How should I approach this? Do I contact the CRA's first or talk to the creditor first? (Thanks Credit Info Center! My FICO has improved 150 pts since first visiting your site!)