ProSe007

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Everything posted by ProSe007

  1. Awesome!!! and Congratulations!!! Looking forward to your post.
  2. I wouldn't be too worried, from what I see they never proved they purchased the alleged account. Even if they allowed all of the other evidence. Without an assignment or Bill of Sale they have no way to prove they have standing.
  3. I have a few questions about your trial? What evidence did they try to submit? I assume the normal: affidavit (from Midland Employee) Bill of Sale (specific accounts purchased missing or not attached) Cardmember Agreement (no specific reference to you or alleged account to determine if these are the actual terms for alleged account) Statements (no authentication from original creditor) Did you ask their witness any questions? (to prove that she has no personal knowledge of any of the above) And most importantly...Did you object to all of their so-called evidence? (none of the above are a business record exception to the Hearsay Rule as they have not been authenticated by a person with personal knowledge at or about the time they were produced)
  4. Welcome, I started this thread in the hopes of having a place where residents of Kansas can work together to find relevant Case Laws, State Laws, Rules of Civil Procedure, Sample Forms, and any other materials or Advice. If you have been through this process before I welcome you to share your experience on the things you did right, and also the things you did wrong so we may all learn and strengthen our cases.
  5. Thank You for kindly responding and referring me to Statute 60-215.
  6. Currently in the Discovery process w/Midland Funding LLC. While looking through my case files...I noticed on the Petition on Account (original summons) a 7th question above the certificate of service stating: 7. As a result of Defendant's failure to pay the above balance is due. Demand for payment was made and refused. Looking at my answers I did not see this question and therefore there is no answer to it. I appeared in court the day i was supposed to and submitted my answers and defenses...the judge looked them over and set a trial date. I received an Order of Judgement with the trial date and an x by Defendant denies allegations of petition. Included in my answers and defenses I said: Defendant reserves the right to amend and/or add additional answers, defenses and/or counterclaims at a later date. Question: Can i file an amended answer for this now? and any advice on how to do this.