tellmeimspecial

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About tellmeimspecial

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  1. What do I do next. Why wont they leave us alone!? UGH!!! Should I address the statement issue that they talked about cause I didnt do anything with those in my Response to MSJ. This still out of the SOL for the state so why are they still coming after us? I would think that would be reason enough why they cant continue to get a MSJ. What do you think?
  2. Sorry I am just now getting back on here. Have had some personal issues to deal with since may last post. Here is their response to my MTS. 1. This case is an action for indebtedness incurred on a credit card account. 2. The Original creditor, Chase Bank USA, N.A. assigend all its rights, title, and interest in the account which is the subject of this litigation to the Plaintiff, Midland Funding, LLC. 3. The assignment is a perfectly legal transaction which is authorized by the Cardmember Agreement. [see "assignment" paragraph of page 4 attached to plaintiffs motion for summary Judgement and incorporated here by reference.] 4. That the Plaintiff's Motion for Summary Judgment is supported by affidavit attesting to the indebtedness along with copies of credit card billing statements that were mailed to the defendant at his address of record. 5. The billing statements evidenced the principal balance claimed due and owing and the interest rate being assessed on the account. 6. That in a further attempt to avoid paying his debt and to delay these proceedings the Defendant has filed a frivolous Motions seeking to strike from the record Plaintiff's Bill of Sale and Affidavit of Indebtedness executed by an employee of the Plaintiff. 7. That the Affidavit is executed under penalty of perjury and is made in accordance with 12 O.S. 2056 E "A supporting or opposing affidavit must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant is competent to testify on the matters stated." 8. That the Defendant's contentions contained in his motions are not required under Oklahoma Law. 9. That the "Bill of Sale" is a business record subject to the hearsay exemption and is "acceptable evidentiary material" capable of being proven up at trial and is sufficent evidence to shift the burden to the Deffendant to prove that it is not what is purports to be. 10. That the absence of the defendants particular account information does not discredit the fact that Chase Bank USA, N.A. and the Plaintiff engaged in a business transaction together and together with the affidavit evidences that the Defendants account was assigned to the Plaintiff. 11. That the Defendant with his response to the Motion for Summary Judgment and his two frivolous motions has still yet to show this court that there exist a genuine issue of material fact as to the amount due and owing. 12. The Monthly billing statements attached to Plaintiff's Motion have yet to be controverted by the Defendant with evidentiary material casting doubt on the authenticity of the billing statements which were addressed to the defendant. 13. Given that this Court is faced with such overwhelming admissible evidence proving indebtedness it has no choice but to sustain the motion based on the merits. Conclusion Defendant's Motions should be denied because it fails to state a legal basis for the documents to be stricken. The documents are "acceptable evidentiary material" capable of being proven up at the time of trial. Therefore, Plaintiff respectfully requests that the Defendant's Motions be denied, that the Plaintiff's Motion for Summary Judgment be Sustained, a reasonable attorney fee be awarded, and any other additional relief this court my grant Plaintiff. They filed this Jan 3rd. My response to MSJ and MTS were filed Dec 9th. Is there anywhere that will tell me time limits for responses?
  3. They Just filed a response to our Motion to Strike Bill of Sale and Affidavit. They called it "frivolous", and that we were stallling on paying our bill and are still asking that the MSJ be allowed. I can post exactly what they said, but I dont have it right in front of me. Should we file a MSJ on them? They failed to mention that they are out of the SOL. They also said that since we didnt object to the statements they included that the debt was obviously ours.
  4. In my Motion to Strike the Bill of sale I have pointed out there is no name or account number. The Affidavited is by Midland. I was just reading another post about how they could not know anything they claimed since they didnt have the account at the time. I am currently working on my response to MSJ. Thanks for the input!!! I need all the help I can get. I am running out of time!!!
  5. I went through the Tulsa Bar Asso. You can fill out the request on line and they email you the names of 3 lawyers who deal with your case. You pay them $25 and get a 30min consult for that particular issue. No obligation to have them take your case. I would think you could live anywhere. OK law is OK Law. You can also go in person to the Tulsa Bar Asso and they will get someone to come talk to you right there. Go to their website for all the details.
  6. You also need to find what confirms a breach of contract in OK. Normally it is 1) Offer. 2) Acceptance of offer, 3) Valid consideration. In your summary statement add the reason you believe the Plaintiff has not meet any one of the conditions. Failure to prove any single condition causes judgment in favor of Defendant. Daybyday Can you clarify what exactly you are meaning by this quote.
  7. Update. I ended up calling a lawyer to verify exactly how long I had to respond. In OK you have 15days from the day you received the MSJ. Since they didnt send it notarized (for verification of delivery) he advised to send them a letter stating when we received the document and tell them we would be responding within 15days of that date. Sent notarized of course. Other wise he said everything that had been suggested was on target for how to respond. In my area you can contact the local bar asso and for $25 you get a 30min consult over the issue at hand. I have been getting things ready to file this week. Thank you for all your advice.
  8. I am not about to let these pond dwellers get this without a fight!!!! Thank you for your help.
  9. If you dont mind me asking what did you do in your case? What was the outcome. I have been doing a TON of research, but I am running out of time to learn all the in's and outs.
  10. Since there is nothing notarized on the bill of sale should i try to get that thrown out?
  11. You are correct this is in the District Court The Affidavit of Indebtedness is notarized. The Bill of Sale is NOT!
  12. The bill of sale was not notarized. In fact it looks like it is a 'batch' bill of sale. No where on it does it list a name or account number for referrence. You can tell they whited out things cause there is a paragraph that has the following listed: Number of Accounts, Total unpaid Balances, Premium, Due Seller. Nothing is listed behind these titles. I know we are being sued because we got served the end of September. We filed an ANSWER TO PLAINTIFF'S PETITION and ENTRY OF APPEARANCE with cert of mailing. As soon as we sent this they sent us Discovery within less than 2wks. We responded to their Discovery (admitting nothing and denying everything) based on the research we had done. We then sent them our Discovery at which they responded with their answers and a Motion for Summary Judgement and Brief in Support. As far as I know in Oklahoma all testifying is done through paperwork. They try the cases for these matters based on what either party submits. I recently got a "Dismissed without Prejud" from Portfolio and I didnt even do anything. At the time I didnt know I could. They never did anything and I just got the dismissal in the mail. This account they are not giving much time for research and I had never seen anything on MSJ. I really appreciate your help. I was thinking of accessing PACER to see if I could find any suits that have been done in OK to make sure we have everything we need. I am going to have to have this done by tomorrow because we are unsure of how long we have to respond. I called the court clerk today and she said 20days but she didnt know when that started. They did their cert of mailing on NOV 19 but didnt file it with the court until the 24th.
  13. It lists 6 items in support: 1. Defendant entered into a contract with Chase Bank, where by Chase issued a credit card and extended credit to defendant in exchange for payment at later date. 2 That the Defendant did use or authorize the use of the credit card account for the purpose of obtaining loans to purchase goods, services and or cash advances. 3. That the plaintiff mailed to the address provided by the defendant monthly billing statements requesting payments. 4. That the defendant failed to make payments as requested by the monthly billing statements and therefore defaulted on the terms of the agreement. [see Credit Statements attached hereto as Exhibit "C" and the cardmember agreement attached hereto as Exhibit "D"] 5. Said obligation and right of recovery has now been assigned to Midland Funding LLC. See Affidavit of Indebtedness, attached hereto as Exhibit "A" and Bill of Sale, attached hereto as Exhibit "B" 6. That the defendant is indebted to the plaintiff for the principal amount of $2215.97 plus court costs and reasonable attorney fee see Exhibit "A" and "C" There are no signed contracts other than the Bill of Sale from Chase to Midland. We have not spoken to anyone or admitted anything. Is there some kind of template to go off of when giving them a summary Judgement? Where can I find it?
  14. The only documents they provided were Bill of Sale from OC Copies of old statements with terms There were no signed contracts from the OC or any communication letters from Midland. The only response they answered that wasnt "Denied", or a shady way of answering was to my admission that the statute of limitations for the legal collection of this debt has expired: Response- Denied. The last payment posted to the account at issue on April 23, 2007 and suit was filed on Aug 20, 2010, within five years of the last payment. This was a credit card with Chase and when I looked up the SOL in OK it says 3yrs is the SOL. That being said I think that is why they sent the SMJ in hopes we would not respond and they would get it by default. I am just very unsure as to what to file. Everyone on this forum has so much info, but I am not finding much on what to do when they file a SMJ. Thank you for your response. I am not sure how much time we have to respond, but I did find something that said around 15days last night. In that case I need to have this Filed by Nov 4.
  15. What is the next step if they filed a motion for summary judgement when they sent your Discovery back.