David Posted March 7, 2005 Report Share Posted March 7, 2005 Does any one have a cite reference that limits JDBs to the amount of the purchase for the debt... this is what I have been after all along. Also need to find under FDCPA and caselaw that VALIDATION is more than just an affidavit statement from a JDB. How do I get a hearing or a trial I want to SEE the judge no just file papers? Thanks DH Link to comment Share on other sites More sharing options...
divemedic Posted March 7, 2005 Report Share Posted March 7, 2005 http://debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=26481 Link to comment Share on other sites More sharing options...
c m chase Posted March 7, 2005 Report Share Posted March 7, 2005 And, as far as the affidavit goes, assuming they FILED it and not just gave it to you, you just need to file a Motion to Strike the Affidavit. It's hearsay because it's not from the OC. If they didn't file it as a part of the case, you can just dispute it with them and say that you don't agree with it b/c it's not based on actual original records.As far as going in front of the judge, you're going to have a bit of a wait on it...they actually want you to try and settle the case BEFORE it gets that far. The trial is only if you guys can't come up with an agreement or if the case isn't dismissed/settled.Aren't you out of time on this sucker? I'm wishing you the best with this...the law firm shall go down. Link to comment Share on other sites More sharing options...
David Posted March 7, 2005 Author Report Share Posted March 7, 2005 I dont know that the affidavit was filed at all.. I got it in the mail when I requested verification way back...so the judgment has been granted on summary, and my motion to vacate using SOL denied. I never disputed the affidavit.. I didnt know until recently how phony it was. So my best argument I think is what Cornforth says there has to be a witness...? I need a cite from FDCPA or case law about the VALIDATION to give my dispute some credibility CHASE mentioned something about "law of frauds" I think in a post somewhere... but what is the spefic cite(s)? Thanks allot.DHPS do know how to fly by the way..... but its going to get difficult if my wings get clipped!!! Link to comment Share on other sites More sharing options...
c m chase Posted March 7, 2005 Report Share Posted March 7, 2005 The only problem with Cornforth's explanation there is that the point is to get another judge to review the case and see that it was void...that a judge reviewing to overturn his own decision will be difficult if not impossible. And therein lies the problem. Since you're in Tulsa county, the only judge that does civil special cases is Russell Hass.I don't know the way around that one, but believe me, I'm workin' on it. Link to comment Share on other sites More sharing options...
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