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About cyndi101

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  1. If you are considering purchasing a brief, I would talk to a local attorney that specializes in consumer debt.
  2. I agree, this is a fantastic resource. Without it, I don't think I would have been able to go up against these guys and win!
  3. When you file your motions, and send copies to the plaintiff, the clerk should give you a court date (or in the case of my county here in Missouri, the clerk will send you and the plaintiff a letter letting you know when it is set for hearing) Once you receive your letter, I would make a copy of it and send it certified mail to the plaintiff since the judge told you to, even if the clerk sends them one. If the clerk gives you a date when you file the motions, I would send the plaintiff the certified notice asap. All this needs to be done way before your trial date to give everyone ample time to prepare for trial (I seriously doubt if it gets that far; the plaintiff will just request a dismissal without prejudice).
  4. I think he/she got removed by one of the administrators because he/she caused so much uproar. I saw it when it was first posted, and it was not nice!
  5. I agree that 6-14 is irrelevant, but is Citibank v. Wilson really a good reference for this case? It's a case between consumer and original creditor. jwsjohn01's case is between the consumer and the JDB. Use and acceptance was between consumer and original creditor, not the debt collector. I would push them to produce evidence of standing. In my experience, that has made them fold every time.
  6. The 30 days starts from the date of their receipt. I gave them 6 weeks before I filed a Motion to Compel. We had the hearing on the Motion to Compel and the judge specifically gave them 30 days to provide proof that they had standing. He is the one that made the comment that all of this was leading to a Motion for Summary Judgment. So I waited a week after their 30 days was up, got nothing from them, so I filed the MSJ. They dismissed the case within a week.
  7. You don't have to file discovery requests, just the certificate of service. However, I did file everything I sent to the other side with the certificate of service, (not the receipt for the mailing) so the court would have a record if anything should ever happen to mine (I've experienced a total loss house fire before). The court clerks, nor the judge, had any problems with me doing that
  8. No, you don't take your receipt for the certified mailings to the court. Just keep it for your records because you'll need copies of them if you have to file a Motion to Compel Discovery. Copies of them will need to be exhibits to show when you mailed them, and who signed for them on the other end.
  9. Can someone please direct me to Missouri case law regarding "special damages" and/or "consequential damages". The judge has given me 7 days to respond to the other side's Memo of Law regarding repayment of out-of-pocket costs.
  10. Also, look at the more recent CACH vs. Askew. That's the one that swayed my Motion to Strike Affidavit. I filed mine in October 2011, and the judge put it on hold until that decision came down January 17, 2012.
  11. I "tested the waters" with Equifax by sending them a copy of the court documents, and requested they remove Equable Ascent Financial from my credit report. I received confirmation today that they have removed Equable from my credit report. Yeah!!!
  12. I think you need to qualify your statements a little more. Here's some suggestions: 1. Plaintiff has submitted into evidence an AFFIDAVIT OF [affiant's name], in support of Plaintiff’s Claim, hereinafter referred to as "Affidavit". 2. Plaintiff has no evidence to support that they are the owner of said debt. Ownership cannot be assumed without creating an unfair prejudice against the Defendant. (Again, this will make or break your case; hammer away at standing every chance you get) 3. Said Affidavit pertains to acts and events that allegedly occurred between Defendant and a third party, XXXXX BANK. 4. At no time was the creator of the Affidavit, or any of Plaintiffs employees present to witness any alleged acts or creation of the records of transactions occurring between Defendant and XXXXX BANK. 5. The information contained in the Affidavit is merely an accumulation of hearsay. As such, said Affidavit falls under the hearsay rule and is inadmissible as evidence. 6. Defendant further states that the Affidavit is not subject to the Hearsay Business Records Exemption because it was not made at or near the time of the alleged acts or events. 7. Upon information and belief, the creator of the document is not currently and has never been employed with XXXXX BANK, and therefore cannot have personal knowledge of how XXXXX BANK’s records were prepared and maintained. 8. Plaintiff is unqualified to testify as to the truth of the information contained in the Affidavit. WHEREMORE, the Defendant prays this Honorable Court that Plaintiff’s Affidavit be stricken from evidence in the above action.