Search the Community
Showing results for tags 'jdb defense'.
Found 3 results
Hello, i hope all is well. I'm writing this post today to ask for advice from anyone that has knowledge about or experience with JDB's or even with Unifund/Kenosian for that matter This past weekend i received this letter in the mail from Kenosian and Miele on behalf of Unifund CCR, LLC. The letter was dated 8/9/2019, today is 8/19/2019. I've been digging through the internet for as much information as possible but i still would like an experienced outside opinion as well. Should i dispute? Should i prepare myself to go to court? I haven't been summoned as of right now but i want to be proactive about this and acquire as much knowledge as possible. This is my first time encountering a JDB and i just want to make sure i'm taking the right precautions before i make any decisions. Thank you for your time. Hope someone can help.
Strategy Collectively discover the processes needed to win the case Develop the paperwork and understanding of each process and paperwork to execute. Provide feedback to establish if the developed process works or doesn't ____________________________________________________________________________ From my experience, most creditors are unable to come up with the original contract with the cardholder, so in order for them to win they must use a method, called the Account Stated Doctrine, to prove the agreement was implied. This method requires them to show the Court that the cardholder recognized the debt by making payments and never disputed the amount of debt printed on the received bank statements. To sustain an action for Account Stated, Plaintiff must establish the following elements: (1) transactions between the parties give rise to indebtedness of one to the other; (2) an agreement, express or implied, between the parties fixes an amount due; an (3) the one to be charged makes a promise, express or implied, to pay the indebtedness. If Plaintiff fails to offer evidence of one element then it cannot recover under the theory. Example 1: When no payments were made, then the Account Stated Doctrine does not work since mutual acceptance cannot be proved. his was established when the cardholder submitted an affidavit denying: (1) personal knowledge of the account; (2) applied for or accepted the credit card; and (3) agreed to pay any amount. Example 2: 1. Complaint fails to give an account stated showing Defendant’s assent to the alleged amount due. Where there is a cause of action on an account stated, “the account must be rendered, and the other party must accept, agree to, or acquiesce in the correctness of the account. Such assent may be either express or implied from the parties’ actions and dealings with one another. Plaintiff’s Complaint does not allege the account number listed on the statements is the credit card account belonging to Defendant. Complaint does not even allege these monthly statements were ever mailed to Defendant.These statements, along with the bare allegations made in the Complaint, do not sufficiently establish Defendant acquiesced to the amounts Plaintiff alleges are due. Plaintiff’s Complaint does not plead sufficient facts to demonstrate an account stated. Note: The bank must prove Defendant agreed with the amount owed. In Example 2, Defendant's affidavit questioned whether it was the correct account and said they never received. When payments were made, the approaches above don't work and this is where most people end up. With even one payment made, all the Bank needs to do is get a person with first-hand knowledge to testify by telephone to back up the bank statements as valid evidence and they win. Therefore the strategy needs to focus on striking the evidence they want to use, such as affidavit, bank statements. Any suggestions?
The debt collection industry has taken on a new strategy of pursuing collection activities. Ten years ago it was debt collectors bringing suit, now it is the original CC bank hiring a local attorney. As a consequence, most of the defense strategies posted online are outdated and a new strategy is required to win against them. I would like to begin a collaborative discussion to create this new defense strategy. Our goal would be a one-stop show for readers to quickly see the format of how their defense must proceed to win the case, along with providing examples of required paperwork, Here is the suggested format. Please edit and add to that which is posted below so collectively we can get to the bottom of what works. Motions to Dismiss Objective: Dismiss the case at the onset List what works Attach example files Categorized by state and countryAnswer with Affirmative Defenses and Countersuits Objective: List all possible legal defenses that you will use to win the case and potential suits against them for monetary gain List only what you know works Attach file examples (one can exclude personal information) Categorized by state and countryMotions to Dismiss Objective: Seek only the required information to win List what works Attach example files Categorized by state and countryDiscovery Objective: Seek only the necessary information to win Please list what works Attach example filesMotions for Summary Judgment Objective: Move the court with acquired evidence and backed by statutes to win the case Please list what works Attach example files Categorized by state and country