brjmhome6

If I remember correctly (been some time), I filed everything I had with the court clerk, retained a copy of the document for my own records, then mailed a copy of said document to the plaintiff. I do not recall having to notarize any documents beyond the stamp & filings @ the court clerks office. My gosh, almost 3 years later I simply cannot believe this thread is alive! It's amazing how 1 persons defiance against that which is wrong in our society can start a whirlwind of activity to change the way the winds blow Always remember first and foremost: Liars are lawyers....simple enough? Trust nothing the scumbags say and better yet, file a cease and desist order so you don't ever have to hear their disgusting, stomach churning drivel until your day in court before a judge which will most likely not happen prior to a dismissal by plaintiff.....and that's where counterclaims and sanctions come into play. My gosh isn't the law fun to play with when the little guy / gal is educated on the subject matter

BTW, a good show that motivated me to do my own work is something you should all see and I'm sure will no doubt enjoy. It's called "The Practice". I'm a sucker for court room dramas but this show really motivated me. It gives you a good idea of what attorneys will do to meet their goals and is fairly relative in real life if not dead on accurate. It's certainly not going to help you draft a motion but damn is it good entertainment and one hell of a motivator!

Wow, I never expected my little thread to become such a breathing beast Lawyers are sure scumbags my friends and they will try anything to get their way. 3/4 of their job is pure scumbag tactics and 1/4 is actual law...always remember that. I think I may have to pickup a participation in this thread again. Seems like fun

My mistake, merrybucks is right. In all of the requests I got from midland, each request was referenced back to a specific OC account number so I was able to respond to each request with a general denial of the document being in existence etc b/c I denied that I had anything to do with the alleged account but in your situation obviously you can't deny you knew your own bank statements existed.... merrybucks' response is the right way to answer as they didn't say "all bank account statements associated with OC acct # etc.." so if you responded the way I did, they would have objected. Good eye for detail Merrybucks

Looks to me like they didn't produce anything that proves you are liable for payment on the account in question. You could file a motion to strike their objections but it may not be necessary as they didn't even produce a contract. With no contract & no admission of liability from you, I simply don't see how the plaintiff plans to prove their case... Perhaps a MTD is in order on the grounds of insufficient evidence?

I haven't ever been in small claims court so I don't know how much it may differ from civil court but your plan of attack seems to be on point. File all of your documents at once & get the clock started on your discovery requests so the plaintiff actually has to pick up your file & do some real work. Make sure that you time/date stamp all of the necessary documents @ your court clerk's office prior to filing them with the court. I stamped my answer & my request for production to plaintiff so that I could prove I filed my answer within the required time (30 days) & in the event the plaintiff fails to comply with my discovery request, I have proof enough to win a motion to compel. Document everything & admit nothing.

If you read this entire thread, you should know how to respond http://debt-consolidation-credit-repair-service.com/forums/showthread.php?t=292720&page=2 Whose case are you trying to help here? Obviously you give them nothing but you are required to respond their request otherwise the plaintiff can and will get a default judgment against you. You simply deny you're aware any such document(s) exist therefore you are unable to produce said document(s). Simple as that...no need to provide the plaintiff with evidence they don't already have and can't produce, right? Make the lowlifes prove their case WITHOUT your help & your documents that you're unaware of being in existence

If you just got served this morning & you already made it here, I'd say you're ahead of the game Go on & file your answer & request discovery @ the same time. I'm sure opposing counsel will not be so smug with you as the other 90 defendants they'll be conning into default judgments on that day in court. Best of luck on your case & keep us posted on your progress!

A firm with some questionable practices on their defense strategy Just b/c you have counsel doesn't mean you have good counsel.

It sounds to me like these defendants are kind of screwing themselves. "He admitted to entering a credit card agreement but did not raise any issue with the generic card holder agreement used for MSJ." The defendant admitted to entering into an agreement...focusing on the business records aspect of this case is interesting but doesn't seem to be the deciding factor in the outcome of this case as the defendant made a huge mistake in admission. Instead of focusing all of that energy on arguing the admissibility of the jdb's hearsay, perhaps the defendant should have been focusing on sending some agressive discovery to the plaintiff & keeping his/herself silent on unnecessary admissions.

Sounds like the err in this case may have been in the way the defendant responded to discovery requests. I'd like to know what kind of discovery requests were sent to the plaintiff b/c it doesn't make sense to me with proper discovery on behalf of the defendant that this could happen. Doesn't there have to be an admission from the defendant or evidence supporting the fact that an agreement / contract existed / exists between the defendant & the plaintiff? I understand if the court would in their questionable judgment refuse to strike the jdb's hearsay statements but to award based on that evidence only....very questionable. I'd love to see that discovery that was sent to the plaintiff b/c obviously we're missing some very pertinent details from these cases.

I believe state's rules allow you to amend your answer to include counterclaims within a certain amount of time usually. You'll have to check your states rules to determine if you are still within the time allowed to amend your answer to add your counterclaims. Do some research here & i'm sure you'll find the info you're looking for on counterclaims. I'd imagine you could at least have a counterclaim for 1 FCRA violation for knowingly reporting fraudulent information to the CRA's (Remember they 99% of the time can't prove their case which by default would make your counterclaim fact) & I believe you can countersue for "reasonable attorney's fees" as the court deems necessary. Again, I am a newbie at this so these are just brainstorm ideas that require research before implementing. I love brainstorming

Sounds like the account may have been sold & the previous owner of the debt still has you in the collection loop. Have you tried sending a letter of debt validation to both of these CA's?

Here is a word template to request a production of documents & things as part of your discovery process directed to plaintiff. I cited a couple of missouri civil rules so if you're in another state, modify the citations to your state's requirements. More to come.....

I never thought of it that way. I like the way you think The only reason I suggested the cease & desist is because their sole purpose at these civil court dates for the jdb is to try & intimidate a defendant into a consensual default. (or just hope the defendant doesn't show up for a default) I watched hordes of defendants take their walking papers due to the intimidation. I know how the pressure can really build once you're in court when so much is potentially at stake & the last thing most people need is to be intimidated by a lowlife paralegal or attorney to heighten that tension. In high stress situations, people generally make bad decisions so for the anxiety ridden defendant such as myself, a cease & desist comes in handy as the paperwork can be tough enough to manage without an attorney trying to get you in a tizz By the way, I said paralegal b/c, 3 of them were hustling defendants at the table in the front of the court for the same plaintiff under the supervision of 1 attorney who kept busy coordinating the hustling efforts as she shuffled through a few defendants herself...very efficient system for the lowlifes.