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Found 8 results

  1. Because I had a deadline looming, I had my attorney respond to a complaint filed by a JDB’s attorney. I’m going to take things over from here to keep my legal fees to a minimum. I have the Plaintiff’s first set of Interrogatories, Request for Production of Documents, and Request for Admissions. I also received a copy of the purchase agreement and bill of sale in response to “Lack of Standing” as my affirmative defense. I read an older string of messages on this site that went into detail about documents that prove the purchase or transfer of ownership from an original creditor to a JDB. Looking at what I was provided, I’m convinced the documents don’t comply with the business record exemption in the rules of evidence on hearsay. Nothing is notarized. There are no affidavits. Here’s what I received: My loan agreements were between [Acme Lending] and me. The JDB claims they purchased the loan from [ABC Lending]. In order to show transfer of ownership from [Acme Lending] to [ABC Lending], they provided a copy of an agreement titled Non-Recourse Receivables Purchase Agreement. The agreement says all receivables existing would be sold and assigned by seller to buyer. When we get into the document they claim transfers ownership from [ABC Lending] to the JDB, they only provided a short, half-page document titled Bill of Sale and Assignment. This is signed by the General Counsel of [ABC Lending]. This document assigns all of rights, title, and interest in and to “certain charged-off accounts” listed on an attached schedule. The only attachment is one line of text that includes the name of the JDB, an account number, my business name, and my name. As I mentioned, neither document/agreement is notarized. There are no affidavits. Here are my starting questions: Should I assume the JDB has additional documentation concerning ownership of the account that has not been furnished to me? Because the Plaintiff has not provided sufficient evidence that their client owns the account in question, do I have the ability to challenge their standing (in the form of a motion or other action) before I have to respond to their interrogatories and provide them with information and documents? I believe they should have to prove ownership of the account before they're entitled to any discovery.
  2. Cach, LLC, represented by Mandarich, sued me for breach of personal guarantee on alleged defaulted loan for $205K. Trial is 4/16/18 and FSC is 4/10/2018. All docs with exception of Trial Briefs have been submitted. Trying to get them to dismiss for lack of standing that is more egregious than usual. Here's what I wrote to their lawyer (who hasn't been a member of Cal Bar for even a year):In the Complaint CACH alleges that it is the “assignee of original creditor Bank of Internet,” but the “Bill of Sale” offered as EXHIBIT 1 to the JOINT EXHIBIT LIST states that CACH purchased some “Charged-Off Accounts” from “On Deck Capital Inc.” In your preparation of the JOINT LIST OF STIPULATED FACTS you inserted a “slash mark” between BANK OF INTERNET AND ON DECK CAPITAL, INC., in what I believe to be a fraudulent attempt to merge the two separate entities into one, because you know that your documents not only cannot prove that CACH has a valid assignment, and therefore lacks standing to sue, but that the documents contradict each other. You did this deliberately to mislead both the Court and me, and I believe that this is a violation of Code of Civil Procedure - CCP § 128.7. This is his reply: I have received your letter and understand your concerns. If you will please notice, the Loan Agreement you signed has both Bank of the Internet and OnDeck at the top of the document. As you can see on that document, Bank of Internet was the lender and OnDeck was the servicer. Thus, this was not an attempt to mislead you or the court. I now live 3,000 miles from Santa Monica where the Trial will be held. I'm pretty sure I can win at trial, but I would like to not have to go to the trouble and expense of flying to California. I'm waiting to hear back from Court if they will grant my request to attend the Final Status Conference on April, 10, 2018. Also, I've told plaintiff repeatedly that I am judgment proof (I have a fee waiver) and even if they got a default judgment because I didn't appear, they couldn't get anything. Sorry this is so long-winded! Thanks for your help!
  3. I'm trying to help my brother with a 33K lawsuit from National Collegiate Trust. The loan was made in 2006. He had a co-signer whose last payment was made about 2 years ago. She is dealing with a suit against her for the same amount, but they have sued my brother separately, so I am hoping his case is entirely separate from hers and that the SOL is an immediate option for defense. Also, I spoke with a lawyer who said Standing should be a good defense, as NCT provides only 2 pages of the original loan doc from Chase & no proof that they own this loan. Lastly, the original complaint (at least, the one we have in our possession) is not signed by the attorney. That seems to be a problem, but I'd love to know if you guys have thoughts on this. Is it worth mentioning, or does that matter? It's now at 22 days past service, unfortunately. My brother didn't get me this info until the weekend, so I'm hoping to file for an extension. I can rush an Answer and file it today, but I would need to spend all day working on it and I'm kind of stressing because I don't want to file something incorrectly. Any help or input would be greatly appreciated!
  4. Hello, I'm pretty new to this site, but it has so far been quite helpful in forming a defense as I am in the process of fighting a lawsuit. Just a few weeks ago, I was feeling overwhelmed by my situation, but a little bit of research in the last week has me feeling optimistic about the opportunity that I have to defend myself. I would like some input as I move forward if anyone has information that would fit my particular situation. I am also lurking about and proactively seeking answers. I'm not 100% comfortable with putting the exact specifics of my circumstances on here, so I'm sorry if anything is a bit vague. Apologies in advance that this will be LONG. I just want to thoroughly explain. The initial contact was made by delivery of summons earlier this year. I made the mistake of calling the JDB to ask what my options are before going to court. I did not make any agreements, but I was not at all careful how I discussed the claim as I was uneducated about this type of business practice at the time. I fear that this conversation may come back to bite me in court. I did appear in court, and a trial date was set. I asked the lawyer to explain the lacking information included in the complaint, and he advised me that I would receive all the info I needed about a month before the trial date. He also advised me that they wouldn't be willing to negotiate a settlement once I "let it get that far." (Insert eyeroll.) Just as he advised, a packet arrived that seemed damning at first glance: Affidavit from JDB records keeper Bill of Sale/ Assignment of Loans (which was already included in previously delivered complaint - no account numbers, etc) Account statements (that began nearly two years after the date the alleged account was allegedly opened. Date of amt owed on last statement differs from the amt I allegedly owe) Affidavit of Sale/ Certification of Debt signed by OC (Dated over a year after the alleged date of acquisition. Obviously in preparation for litigation. Also, Google says the "Bank Officer" who signed is a Mortgage Specialist in a different sector of the parent company.) Spreadsheet with just the information of the account in question. So. I stewed for a while on whether or not I should attempt to settle as I was intimidated by the paperwork. However, I am not convinced that the debt is mine. Just concerned that I cannot defend it. I decided to attempt to verify the information by calling the OC. I was told that any of my account information was archived as I had not been an active customer in several years (I had various accounts with them over a ten-year period). I advised them of the suit against me, and I asked if they would be willing to verify information in the claim. They said they could not. I was advised that they only have a profile to store my personal information as a customer, but no information regarding previous accounts as it has all be archived. I asked for anything they could provide in terms of a contract for a credit account, and they told me they can't access anything. They advised me to request this information from anyone who was suing me as anyone who would have purchased an account from them should have all available documentation accessible. So, I decided to call the JDB to attempt to request this sort of documentation. Again, what was I thinking? This was only last week, but I know so much more now. I wish that I would've gone about this differently. I hope that I didn't say anything that can be used against me in court. I was transferred to multiple people who did their best to convince me that I just needed to shut up and pay up. That they have sent me all the validation they need to, and that a judgement is the next step if I don't pay. I asked for contact information for an attorney or someone in records who could help, and I was told there was no one who would take my call and that I should just ask my questions in front of a judge. Um. Ok, I will. Between that call and the trial date (earlier this week), I did a lot of research to see how many holes there are in the case they have presented. I'm probably countless steps behind, but I decided to file a Sworn Denial before we went to trial to have my stance made clear. I showed up to court feeling really confident, but still worried that I would not be able to effectively defend myself. Partly because the atmosphere of the court is surprisingly informal. I really like the judge. I like the way he doesn't take crap from anyone, but he is compassionate and makes jokes through the session. I was relying on my ability to appeal to his reasonable side, but I also am not confident enough in my understanding of the process to speak with authority on my concerns about the "evidence." I found myself wishing I had more time and reasonably nervous that I would be leaving with a judgement. The lawyer sat down with me prior to the trial and asked if I recieved the packet and asked if I had any questions. I told her that I have a lot of questions and also presented her with the Sworn Denial. She advised that she may not be able to answer my questions, but she would like to know how she could help. I told her I didn't recognize any of the account information, and showed her the apparent opening date of the account. I told her that I was confused about why I would only have statements from the last year the account was open and no contract to show how I would have been responsible for the account. I also asked her where the amount in the first statement that was presented came from. She simply advised me that they can't go all the way back through the account, but said she would ask the judge for a continuance in hopes that the JDB would get me the information I needed. Was I wrong to do a happy dance on the inside? It gives me a little confidence that I presented enough of an issue to keep her from being able to prove her case with the information they gave me. But now the question is, how do I effectively go on the attack? Some thoughts.. I believe I still have a couple of days to file a Motion to Strike. Based on what I've read I have 30 days in TN. I wonder if I should skip that and file a Motion to Dismiss? Should I file them both? Create my own affidavit? Send the JDB a Request for Production? I would love to threaten them with a counterclaim, but I'm not sure how much of a case I would have. I am more interested in scaring them off than I am pursuing them. I am off to do more research. If you are still reading, thanks for taking the time. TIA for any particular thoughts or similar experience.
  5. Please read the post here. I think I found something really good that may help others as well. I just need to know what to include so as not to allow Midland/Asset to come back with updated paperwork that changes anything. Here is the link... Thank you all. http://www.creditinfocenter.com/community/topic/324806-answering-msj-arizona-procedural-question-please/
  6. I'm stressing! I have brain freeze! Not sure what to do now. I have to answer a CCP 96, don't know if I should subpoena a witness that works in Plaintiff's attorney's office - he submitted a CCP 98. HELP! Like I mentioned in another post, I'M in Ventura County, Calif, my case is assigned to Judge O'Neill, don't think he liked me much the 1st time I was in front of him. BV80 Xenophon
  7. Hello, as you can see this is my first post, thanks in advance for any and all help. I was served 10 days ago in MN and since have been spending upwards of 2 hours per day researching how to deal with this situation, which leaves me 10 more days to respond. Today I read a very informative thread here.. http://www.creditinfocenter.com/community/topic/312714-standing-when-dealing-with-jdb/ Written by a couple very helpful individuals. I know this will probably sound really bad to some, so please don't rost me as I am completely new to all of this but here it goes..... How exactly do I word my answer to challenge standing? Thanks again!
  8. Would like some suggestions (or more specifically a template) to assist in compiling a memorandum of points and authorities. Have already created the motion similar to Linda7's offered template. The absence of Oregon Case Law is a challenge so can possibly use 9th District. Original Creditor - Chase Bank Buyer #1 - Purchasers Advantage Colorado Buyer #2 - Professional Bureau of Collections of Maryland (Colorado Same address as Buyer #1) Yeah! I know! I realize this is not an account just a file of random numbers The Complaint is for both Account Stated and Breach of Contract. Have answered and provided Defendants Affidavit of Denial for Plaintiff's NEW account. Thanking you in advance for your assistance. HP Memorandum of Points and Authorities for Motion to Strike Affidavit "Plaintiff's Affidavit of Assignment of Rights" This Affidavit of Assignment of Rights ("Assignment") is made and entered into as of this ____ day of _____ 2012 by and between Purchasers Advantage, LLC, a Colorado limited liability company with a place of business at 5295 DTC Parkway, Greenwood Village, CO 80111 ("Assignor") and Professional Bureau of Collections ojf Maryland, Inc., a Maryland Corporation with a place of business at 5295 DTC Parkway, Greenwood Village, CO 80111 ("Assignee"), both of whom may be collectively referred to throughout this Assignment as "Parties," or individually as "Party." Whereas, Assignor has purchased a file of certain charge-off accounts, which consists of certain Wells Fargo accounts hereinafter referred to as the "Purchased Receivables" and Whereas Assignor has forwarded the Purchased Receivables to Assignee for collection activity; and Whereas Assignee has determined that certain of the Purchased Receivables are eligible for Legal Action and wishes to take such legal action as contemplated, by Section 6 of that. certain Collection Agreement ("Collection Agreement") made by and between the Parties on June 28th, 2011; and Whereas, Assignor wishes to grant formal written consent to Asignee to proceed with such legal action as Assignee deems necessary to secure collection on the account Now therefore, the Parties mutually agree to the following promises, the receipt and sufficiency of consideration for which is hereby acknowledged! I. Account. The following information and any corresponding account information which shall be attached to this Assignment shall collectively be known as the "Account." Account Holder: Huey Pilot Account Number. xxxxxxxxxxxxxx9999 Holders Last Known Address: 5200 Airport Road. Cirrus, OR 97000 2.Assignment Assignor hereby assigns all rights title and interest in the aforementioned Account to Assignee for the sole purpose of initiating legal action on and pursuing subsequent collection activity on the judgment of the Account. 3. Acceptance. Pursuant to the requirements of the Collection Agreement, Assignee hereby accepts the assignment of all right title and interest in the aforementioned Account to Assignee for the sole purpose of initiatingj^gal jdion on and pursuing subsequent collection activity on the judgment of the Account IN WITNESS WHEREOF the Parties have executed this Assignment on the date first written above. s/s_Buyer #1 Purchasers Advantage a Colorado Limited Liability Company s/s Buyer #2 Professional Bureau of Collections of Maryland, Inc. On this any day of Month 2012 before me undersigned, a Notary Public in and for the State of Colorado personally appeared JDB Name #1 and JDB name #2, to me personally known, who, being by me duly sworn, did say the within and foregoing instrument was signed on behalf of said Buyer by authority of its Board of Directors; and that the said person as such officer, acknowledged the execution of said instrument to be the voluntary act and deed of said Buyer Notary Stamp Notary Signature (Kind of Bogus - may be a challenge?) (Circle not Square) (Missing Notary Number) (absent expiration date)
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