Redlinehome

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About Redlinehome

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  1. refusing to answer in a civil case provides the judge the opportunity to hold you in civil contempt. like i said in my post ... the fifth amendment protects you from incriminating yourself from criminal actions ... not from dumb actions. so far, being dumb is not a crime.
  2. pleadings are public records whether they are online or filed in the office of the court clerk == district court, small claims court, county court, federal court. sometimes the clerks assistants will help you find cases. in larger counties these pleading are computerized and you can search by plaintiff's name. motions for summary judgment typically have rigid time frames and trigger dates. once you file it opposing counsel must answer within 21 days. motions to strike do not have a time frame trigger date and will typically be ruled on by the court in a pretrial hearing. small claims cour
  3. You can get any pleading you want online. Get a Pacer Account. Search your defendant's name. Do a Search for my name "Redlinehome" and read my postings in this forum regarding Midland. I think this is a sticky. Here is one of the postings in that chain: In Federal Court all pleadings can be found online. Link Here: https://pacer.login.uscourts.gov/cgi...court_id=00idx Set up an account at the Pacer Website and look at what has been done in your jurisdiction. Anyone can have a Pacer Account. You do not have to be an attorney. Do not loose your password. It will only be sent by mail, ugh. Pu
  4. Either they produce in time or they do not. Why are you sending them letters? Are you AGREEING to give them additional time? Why would you do that? During the trial show they court you requested the documents, they were not produce and now, during the trial they have no evidence. Move to strike any evidence they attempt to admit that was requested and not produced. If they have no evidence, they have no case. Move for dismissal with prejudice. That's their problem if they cannot get their client to answer. You get thirty days. You agree to give them more time or they file a Motion with the
  5. yes, there is a way it gets in. hearsay can ALWAYS be used to impeach. further, as an admission against interest, an exception to the hearsay rule, this gets in. do you not realize how many, many exceptions there are to the hearsay rule. plus there is no record in small claims court ... so sure, lots of things happen there that will NOT happen in a court where a court reporter is present and you may appeal from the record. Remember: the Fifth Amendment protection is not used in Civil Cases but only in criminal cases. You plead the Fifth in a civil case and you will be laughed out of court
  6. Go to work for a bankruptcy firm. They need lots of help. Business is really, really good for them. Clean the bathroom, send out mailers to people behind on their mortgage. They have tons of scut work. Then after a month or so, ask if they will 'represent' you. That means you can tell the debt collectors that you have a bankruptcy atty and you qualify for Chapter 7 because you have only a part time job and no assets. Watch them fall all over themselves trying to work with you. Do you have an atty friend? Work for ANY atty and ask if they will allow you to tell your creditors that they ar
  7. Unless they can prove in court that they actually bought YOUR account and have detailed information regarding YOUR account they have no proof. It costs Collection Agencies additional money to buy the details. Usually they just buy the names and and the contractual paper with your Original Creditor. They cannot provide the details regarding your original debt and how it was transferred to them. They cannot sustain their claim. If they try to introduce anything into evidence not previously furnished to you move to exclude.
  8. They do not GET additional time. You do not give them additional time. Only the Court can give them additional time. You will have a hearing on your final issue. Object to any evidence they may try to present because it was not furnished in a TIMELY response to discovery. THey will have no evidence against you. Ask the Court for a Dismissal WITH prejudice. What is this sternly worded letter crap????
  9. I cannot emphasize how strongly I disagree with the previous poster who indicates you cannot challenge a valid Business Record Affidavit from the Original Creditor. Business Record Affidavits are extremely technical and that is where you always begin. Does the affidavit comply with the state's rules on affidavits. Is it made on knowledge of facts or on the infamous INFORMATION AND BELIEF. I still see those INFORMATION AND BELIEF affidavits all the time. Those are NOT AFFIDAVITS. Is it made by a person in authority, familiar with the records, in their capacity as record keeper or HOWEVER
  10. The problem with a JDB and a Business Record Affidavit is that they buy this debt in bulk. It does not come with Business Record Affidavits from the Original Creditor. To get a business record affidavit from the Original Creditor will cost the JDB some cash. Not sure how much. Someone on this board ought to know that. They try to get by with these pseudo affidavits that will not withstand judicial scrutiny. Their affidavits (and I am paraphrasing) typically indicate they bought some debt from someone who said it was a valid debt. What they must have is a business record affidavit from the
  11. JURISDICTION AND VENUE USE ONLY IF YOU ARE IN FEDERAL COURT ... OTHERWISE USE YOUR STATE JURISDICTION IDENTIFICATION 1. In response to Paragraph 1 of the Complaint, DEFENDANT admits that Plaintiff has claimed federal jurisdiction pursuant to 15 U.S.C. § 1681(p) and under 28 U.S.C. § 1331. As to the remaining allegations in Paragraph 1, DEFENDANT denies each and every allegation contained therein. 2. In response to Paragraph 2 of the Complaint, DEFENDANT admits that Plaintiff has properly claimed that venue lies in the xxx Division. DEFENDANT also admits it is qualified to do business in th
  12. JURISDICTION AND VENUE USE ONLY IF YOU ARE IN FEDERAL COURT ... OTHERWISE USE YOUR STATE JURISDICTION IDENTIFICATION 1. In response to Paragraph 1 of the Complaint, DEFENDANT admits that Plaintiff has claimed federal jurisdiction pursuant to 15 U.S.C. § 1681(p) and under 28 U.S.C. § 1331. As to the remaining allegations in Paragraph 1, DEFENDANT denies each and every allegation contained therein. 2. In response to Paragraph 2 of the Complaint, DEFENDANT admits that Plaintiff has properly claimed that venue lies in the xxx Division. DEFENDANT also admits it is qualified to do business in the
  13. ORIGINAL COMPLAINT AND JURY DEMAND JURISDICTION AND VENUE 1. This Court has jurisdiction pursuant to 28 U.S.C. § 1331, in that this dispute involves predominantly issues of federal law. Defendant EXPERIAN INFORMATION SOLUTIONS, INC. (“EXPERIAN”) is liable to the Plaintiff pursuant to provisions of the Fair Credit Reporting Act, 15 U.S.C. § 1681 – 1681x (the “FCRA”). The Court has jurisdiction under 15 U.S.C. § 1681p. 2. Venue lies in the LOCATION because each defendant resides in the Location. 28 U.S.C. § 1391((1). A corporate defendant is deemed to reside in any judicial district in which i
  14. Pacer will have all Motions. You might want to use your State as the source for Interrogatories because each state has their own unique issues with regard to all Discovery. The only thing we use in Texas that Federal Court does not use is a form of Discovery called Request for Disclosure. These items of Disclosure are presumed in Federal Court. Request for Disclosure asks some basic questions typically found in the interrogatories. Try to look at your State Interrogatories. Motion to Compel is pretty basic. See if you can find a Credit Bureau or a Credit Reporting Agency as a defendant.
  15. There is one old trick when it comes to records in the possession of another to which you are entitled: Provide a release authorizing them to get the records. This gives both of you equal access and when that happens ... they have to get them. Put a compliance/expiration date on the release of about one month. Obviously, this has intrinsic dangers. Attach the release to your response for their discovery. Good luck.