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Found 7 results

  1. I'd love some help from you guys. I got a summons and complaint 7 days ago. I've literally been doing nothing but researching for the past week. Also, I applied for legal aid, but have little hope they will help. They aren't even slated to contact me until next week. I'm going to be honest with you guys. I need a hand to hold. I have no idea what I'm supposed to do and it feels like a bottomless pit. I have a couple weeks until the deadline. So here are the facts, thus far: 1. I received a summons and complaint between my screen door and main door -along with the busin
  2. Does anybody have any cites on hearsay exceptions for credit reports and CRA investigation results? In 2006 I lost a case because my exhibits were ruled to be hearsay as per Capital Funding v. Chase Manhattan Bank, 2005 U.S. Dist LEXIS 2212, no. 01-6093, *6 (E.D.Pa. Feb. 11, 2005) (affirming exclusion of credit reports as hearsay). And what is the effect of the "NOT PRECEDENTIAL" on the appeals court ruling? http://www.ca3.uscourts.gov/opinarch/044355np.pdf Now I got lucky because Equifax authenticated its investigation results, but I'd like to know whether Capital Funding is still the l
  3. this is my case: 1. Who is the named plaintiff in the suit? - Toyota motor credit 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) - Patenaude & Felix 3. How much are you being sued for? - $1300 when the complaint was filed in 2007/ after default was a set aside they have increased to $2600 4. Who is the original creditor? (if not the Plaintiff) - ToyotaMotor Credit, but in their cause of action they say they are the assignee for consideration 5. How do you know you are being sued? (You were served, right?)
  4. Hi Everyone, My hearing date is approaching and I'm not sure how to get a Declaration in Lieu of Live Testimony by the infamous Peter Huber thrown out. Do I subpoena, motion to strike, or something else? Help!
  5. Informative read for anyone arguing against Midland's or any other JDB's affidavits, or is a member of the class affected by this proposed settlement. 32 state attorneys general filed on April 16, 2014, an amicus curiae brief objecting to the revised proposed class settlement for Midland's use of "robo-signed" affidavits in Vassalle et. al v Midland Funding LLC, 708 F.3d 747, 760 (6th Cir. 2013). [You may recognize this as Class Settlement Agreement, Midland Funding, LLC v. Brent, 644 F. Supp. 2d 961 (N.D. Ohio 2009)] http://www.michiganconsumerlaw.com/ags-vassalle.pdf "The Attorneys Gen
  6. Business Records and Hearsay Objections, court procedure? I would like to ask a procedural question. If a plaintiff attempts to introduce a “business record”, and the defense objects that it is not qualify as a business record, but the plaintiff has the required support for admitting said business records...how would this typically be handled in a courtroom? Would the judge sustain the defense’s objection, but then offer the plaintiff an opportunity to demonstrate compliance with a business records exception? Is there such a thing as 'tentatively sustained'? Or would the judge defer on a r
  7. Check out this Texas case law regarding challenging 3rd party business records: http://scholar.google.com/scholar_case?case=10612691797526674821&q=dodeka++campos&hl=en&as_sdt=4,44&as_ylo=2012 Here is the relevant excerpt: "Finally, Campos [debtor] contends the [OC] records themselves are untrustworthy. However, we note that the creator of the documents, Chase, must keep careful records of its customer's accounts, otherwise its "business would greatly suffer or even fail." Id. at 244 (quoting Harris v. State, 846 S.W.2d 960, 964 (Tex.App.-Houston [1st Dist.] 1993, writ ref