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OC sold debt to JDB1. JDB sends out 8 invoices. All the invoices are for different months (8 in a row) and all are for the same amount.

All 8 invoice say 18% intrest and have a periodic daily rate at the bottom of the invoice as well. There is a place for monthly interest but it is 0 on all 8 invoices. Both the OC agreement and the JDB agreement says they can and will charge interest fees. No payments were ever made on these invoices. On all 8 invoices everything is the same except the due dates. No interest, total due never changes?

Would there ever be a reason a JDB would send 8 monthly invoices and not charge interest if they were allowed to? Remember no payments or agreements to pay were made.

I got these 4+ year old invoices from JDB2

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I've never heard of that one before. That does sound strange. I can only think that one of the ADUBs at #1 may have been playing around with trying to create proof of debt, including to use in court, and got carried away. Then, do note we all know the mentality of CA/JDB's, so, we can maybe assume that an ADUB at #2 printed them out without doublechecking their contents, such as matching info, to send to you in hopes it would suffice in proving debt. I don't know, just playing off what "recovering" said. Or, an ADUB at #2 thought that you would not notice the duplicate information, get scared, and pay.

We could all have fun with different scenarios.

My advice to you is to see if the debt is timebarred to send them a full C&D, or, send them a very "polite" letter advising them their "proof" is bogus and go eat maggot droppings.

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There are reasons. But I am thinking JDB1 wanted to be able to sue you for an account stated, which is very hard to defend.

I agree they are tring to show an account stated. I am being sued by jdb2 (Credigy). In there "notice of filing" to the court they sent the following.

* 8 invoices from jdb1 (First Select)

* user agreement from First Select - This agreement says they bought the closed acount from the OC and can and will charge interest on it

* Really bogus looking bill of sale that says First Select sold something to Credigy without a warranty. It does not say what that something was.

Here my my problem with the invoices:

The OC had a right to colect interest and a right to assign that interest (according to their user agreement). First Select claims they can and will charge interest in their agreement.

All eight invoices have an annual persentage rate of 18% and a Daily Periodic rate of .o493% in the little boxes at the bottom of the page.

Im a computer programmer.

The purpose of using a billing program would be do all of the math for you and kick out bills on the correct dates. You would normally just pull reports from the program or make updates to customers files if they made a payment (or if you dunned them you might have an alert set to call them in a week etc)

They should have charged interest. They seem to have a right to charge interest and the interst settings are set, I can see them at the bottom of each invoice. In a normal program like this you would have to manully remove the interest from the bill each month or set the interest rate to 0 so it would not be put on in the first place.

Being that the interest was set at 18% and not 0% I can only see one of two things happening.

A. A Debt Collector choose to go into the program every month on an inactive account for eight months and manully remove the interest charges.

B. The documents were forged and the forger forgot to add the accumlating interest to the invoices.

Is there a third option?

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Id like to file a motion to strike. How do I get arounf the business record exception?

They are suing you on a debt purchased from a JDB who purchased it from the OC. Records of the debt must come from the OC. If they included an affidavit, motion to strike it. Get your discovery out to them ASAP if allowed by the court. Is this small claims? Is discovery allowed? You will need to attack the chain of title to this alleged debt for sure.

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They are suing you on a debt purchased from a JDB who purchased it from the OC. Records of the debt must come from the OC. If they included an affidavit, motion to strike it. Get your discovery out to them ASAP if allowed by the court. Is this small claims? Is discovery allowed? You will need to attack the chain of title to this alleged debt for sure.

I did discovery (production of docs) I asked for everything. They ignored it. I currently have an exparte motion to compel discovery pending that should be signed by the judge later this week.

I also did admissions. They ignored them too. I have a motion for summary judgement pending againest them based on their failure to answr admisions. I am in Fl. and in Fl admissions are deemed admided if they dont reply in 30 days. Motions hearing is in 30 days or so. It is possible for them to weasel out of the summary judgment but they would have to motion to append admissions to do it.

They did not include any affidavds.

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I did discovery (production of docs) I asked for everything. They ignored it. I currently have an exparte motion to compel discovery pending that should be signed by the judge later this week.

I also did admissions. They ignored them too. I have a motion for summary judgement pending againest them based on their failure to answr admisions. I am in Fl. and in Fl admissions are deemed admided if they dont reply in 30 days. Motions hearing is in 30 days or so. It is possible for them to weasel out of the summary judgment but they would have to motion to append admissions to do it.

They did not include any affidavds.

Did you write a letter asking nicely for them to comply? Some courts consider that standard practice in asking for discovery before a motion to compel as you need to show the court you did everything possible in trying to get your discovery answered, but as FL law lets admissions become admitted evidence in 30 days of non-compliance, the MSJ is necessary now. You're basically in a waiting game and the wheels of justice do roll slowly at times. Sounds as though you have done what could be done up to this point.

No affidavit from the OC? Bill of sale "for something" from one JDB to another...no bill of sale from OC. Interesting case. There is no proof here that you ever owed the original alleged debt. Make sure you stress that as those "statements" contain discrepancies that can show the judge that they were "made-up".

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I'm agreeing with hannah here. The most important thing you must remember is that even though the debt has been sold, the JDB is bound by law to produce ALL proof of validity on the OC's OWN letterhead, period. A JDB's own computer generated statement does not meet the requriements of the law. Read the FDCPA as it is written there to cite. Use 802 to open your argument, then move to 803, then 809 to demonstrate their failure to comply. Read all as I just noted a couple items for you. Use and and all you can. No need to write out a whole essay, just create your argument in an outline form, along the lines of how actual complaints look when you read different cases. You get the idea. Why is because many judges do not want long, drawn out speeches. They want precise, short, and to the point.

And, continue as you are with the court. Take full advantage of all that is available to you, so, if and when it does go, you will be more than prepared, and most will already be in the file with the judge, which will help speed the process.

Don't give in, you have them on the run.

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Did you write a letter asking nicely for them to comply? Some courts consider that standard practice in asking for discovery before a motion to compel as you need to show the court you did everything possible in trying to get your discovery answered, but as FL law lets admissions become admitted evidence in 30 days of non-compliance, the MSJ is necessary now. You're basically in a waiting game and the wheels of justice do roll slowly at times. Sounds as though you have done what could be done up to this point.

No affidavit from the OC? Bill of sale "for something" from one JDB to another...no bill of sale from OC. Interesting case. There is no proof here that you ever owed the original alleged debt. Make sure you stress that as those "statements" contain discrepancies that can show the judge that they were "made-up".

>Did you write a letter asking nicely for them to comply?

Yes I did :-)

>You're basically in a waiting game

Yes, I think I pretty much have them. I also countersued for Fraud and FDCPA violations.

I have an expert witness that is a computer programer and a former debtor collector employee that will testify about there invoices. I probably wont need him though. I cant see how they are going to survive motions court.

I am working on a motion to strike there docs right now.

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