Redlinehome

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Everything posted by Redlinehome

  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.
  16. This is problematic for me. You will probably end up with a Motion to Compel by Midland filed against you. Records you can obtain from a third party -- to which YOU are legally entitled must be obtained from that third party and you MUST MAKE A GOOD FAITH EFFORT TO OBTAIN THEM OR DENY THE ORIGINAL CONTRACT EXISTED. ALL THOSE GOOD SANCTIONS YOU WANT TO USE AGAINST MIDLAND ... BE VERY, VERY CAREFUL. THIS IS NOT A GAME. THEY CAN BE TURNED AGAINST YOU. MIDLAND CAN GET ATTORNEYS FEES. THEY ARE ATTORNEYS. If you can write the original creditor and ask for the records ... and show the court you
  17. Look at the answers filed by a firm like Jones Day that represents Experian. Go to the Pacer website and set up an account. They plead every damn affirmative defense whether it makes sense of not. Look at what the big boys do in Federal Court and copy them. Type in Midland and see how the pros are handling this. Maybe start with Texas Northern District since they are a Texas Corp. Be a Pro -- you can and you can actually do a better job than they are doing. USE PACER. IT IS YOUR FRIEND. IT IS FOOLISH, FOOLISH, FOOLISH NOT TO LOOK AT THE PLEADINGS THAT SERIOUS ATTORNEYS USE. I would: File
  18. 8-)This might be a very good one if they cannot produce the original contract signed by you. Some of these companies are producing a general agreement used in the general time frame the account was opened but not the ORIGINAL CONTRACT. Plead the Statute of Frauds and you are saying okay, they say breached a written contract. Where the hell is this written contract? To be enfoceable this contract must be in writing and signed by ME. Now where is it? STATUTE OF FRAUDS To be enforceable, a promise or agreement must be (1) in writing and (2) signed by the person to be charged with the pro
  19. Affirmative defenses are claims by one party that defeat a cause of action or claim established by another party. Cook Composites Inc. v. Westlake Styrene Corp., 15 S.W.3d 124 (Tex. App.- Houston [14th Dist.] 2000, pet dism’d). Affirmative defenses operate to limit or excuse or avoid a party’s liability and/or limit the amount of another party’s damages for which the party is responsible, even if the factual allegations of the other party’s claims are admitted or proven. To assert an affirmative defense to another party’s claim in a lawsuit, the party must plead or describe the facts that co
  20. In most states you CANNOT sue for attorney's fees for representing yourself UNLESS you are a licensed attorney. You file a Motion for Sanctions. GUESSING IS NOT BRAINSTORMING AND IS COUNTERPRODUCTIVE AND DANGEROUS. DO YOUR HOMEWORK. KNOW THE LAW DO NOT LOOK LIKE AN IDIOT. LEAVE THAT TO THEM. COPY THE LAW AS RELEVANT TO YOUR CASE AND TAKE IT TO COURT WITH YOU. If your case has not been heard you may amend your answer to include: 1. Motion for Sanctions 2. Counterclaim Most jurisdictions require that this be done within thirty days of the date the court will hear the cause of action. Fil
  21. In Federal Court all pleadings can be found online. Link Here: https://pacer.login.uscourts.gov/cgi-bin/login.pl?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. Put it in a safe place. You will find U.S. District Courts and Bankruptcy Courts here. Downside is that there is a charge of ten cents a page. Upside ... a lawyer costs a lot more than that. There is a Plantiff Defendant Ind
  22. Federal Rules Require a Motion to Strike or hearsay objection. Hearsay objections for Business Records are tricky and most lawyers actually read from the rule in court when making it. THat has to do with appellate scrutiny and no reason to go into that here. FOr that reason think Motion to STrike is best way to go especially if someone has given it to you on these boards. So ... I would assume virtually all states require that a Motion to Strike be filed or hearsay objection. You can make the Motion in Court BUT you will not be at your best. It's hard enough for attorneys to get this rig
  23. Sec. 10.001. SIGNING OF PLEADINGS AND MOTIONS. The signing of a pleading or motion as required by the Texas Rules of Civil Procedure constitutes a certificate by the signatory that to the signatory's best knowledge, information, and belief, formed after reasonable inquiry: (1) the pleading or motion is not being presented for any improper purpose, including to harass or to cause unnecessary delay or needless increase in the cost of litigation; (2) each claim, defense, or other legal contention in the pleading or motion is warranted by existing law or by a nonfrivolous argument for the exte
  24. See the case I previously reported and include here: 12. On point is the case of Martinez v. Midland Credit Management, 250 S.W.3d 481; 2008 (Tex. App.–. El Paso 2008) which follows the McClure doctrine. The judgment of the trial court was reversed and remanded. INSERT CASE HERE IV. MOTION FOR SANCTIONS 13. Plaintiff has presented an affidavit with false representations. The filing of an affidavit that is groundless or made in bad faith is addressed in TRCP 13, which state in pertinent part: 14. The signatures of attorneys or parties constitute a certificate by them that they have read th
  25. WHILE THIS IS TEXAS LAW I AM SURE YOUR STATE HAS ITS OWN VERSION OF ALL THESE STATUES. THEY WILL NOT BE HARD TO FIND. THIS CASE HAD NOT ONE BUT TWO INVALID AFFIDAVITS. ONE FROM THE CRA AND THEN THE CRA RELIED ON A HEARSAY WHICH WAS HEARSAY. HOPE THIS HELPS. DEFENDANT’S OJECTION AND MOTION TO STRIKE PLAINTIFF’S BUSINESS RECORD AFFIDAVIT AND MOTION FOR SANCTIONS This Business Record Affidavit of xxx, 2008, purportedly signed by one xxx, and employee of Douche Bag JDB attempts to perpetuate a fraud on this Court. The records attached to the Affidavit are records of xxx Bank and kept by Fleet