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Plantiff states that orignal statements are unavailable in their opposition to my MSJ


beeboah
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Seems to me you need to deny and they need to come up with someone with 1st hand knowledge of those statments.

Even if The Attorney Group you talk of, and/or its alleged client were to supply such records, they would be the business records of the originating alleged creditor and not those of the third party debt collector. Because no one at the purchasing third party debt collector has first party personal knowledge of the creation, maintenance, issuance and tracking of the statements, these so-called records are hearsay and have no value or admissibility before any court. The original cardholder “agreement”, any correspondence and monthly statements issued by the original credit grantor are not admissible in any court as the third party debt collector’s business records, since the third party debt collector has no personal knowledge of how those records were created or maintained.

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Seems to me you need to deny and they need to come up with someone with 1st hand knowledge of those statments.

Even if The Attorney Group you talk of, and/or its alleged client were to supply such records, they would be the business records of the originating alleged creditor and not those of the third party debt collector. Because no one at the purchasing third party debt collector has first party personal knowledge of the creation, maintenance, issuance and tracking of the statements, these so-called records are hearsay and have no value or admissibility before any court. The original cardholder “agreement”, any correspondence and monthly statements issued by the original credit grantor are not admissible in any court as the third party debt collector’s business records, since the third party debt collector has no personal knowledge of how those records were created or maintained.

Finally someone who understands what I say when I indicate what "alleged" is, lol.

In my above post, you will see that this debt may have been purchased.

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beeobah, can you please stop starting quite so many related threads? Half the new threads since I went to sleep are new ones from you. It makes things disjointed.

Basically, what computerguy said.

Unless admin says to stop, then no. I find that this style of posting receives more attention when specific questions are asked in each thread. It makes no sense to sit back and let my questions remain unanswered, or have someone forget to answer the multiple questions asked in one thread.

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beeboah,

I agree that it's very difficult to try and figure out how to help you when you post so many threads about the same thing. We want to help, but it makes things difficult to read. You can always bump your thread.

Now I will argue that when I have consolidated all my posts into one threads, people tend to speed read through and ignore half the questions. Then I have to keep posting over and over saying that one of my questions still hasn't been answered.

That is also frustrating.

...but if you prefer.

At this point, it would be difficult to "consolidate" my threads, I mean something is happening every 5 minutes.

I'll do my best.

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So ok here goes the beginning of the bumping.....

I want to countersue. I have some good grounds against the attorney and the Plantiff.

Since there is more than just the attorney and plantiff involved.

Who do I sue?

Will it cost me to sue each one seperately?

Does each have to be served seperately?

Please be as detailed as possible.

Thank you

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I want to countersue. I have some good grounds against the attorney and the Plantiff.

Since there is more than just the attorney and plantiff involved.

1. Who do I sue?

2. Will it cost me to sue each one seperately?

3. Does each have to be served seperately?

Please be as detailed as possible.

4. anyone have a sample counterclaim?

5. How do I stop my defendant's summary judgment?

I modified this quote to make reading my answers easier

1. Depending on your local Rules you should be able to sue anyone who you have a cause of action against.

2. If they are all part of the same cause of action you should be able to include them all in the same case. Than it would be one filing fee. Check with your County Clerk.

3. Yes. Each would need to be served separately. If you sue a cooperation you will need to find out who their registered agent is in your state (if they are registered to do business in your state) and serve the Agent.

4. Depends on what you mean by a sample counter claim. Samples of what claims you could have against them? Or a sample answer that someone has used that includes counterclaims?

5. You will need to write a Plaintiffs opposition to Defendants MSJ. In the Opposition you will need to show that there are issues of material facts.

Summary judgment is properly granted when the evidence in support of the moving party establishes that there is no issue of material fact to be tried.

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I modified this quote to make reading my answers easier

1. Depending on your local Rules you should be able to sue anyone who you have a cause of action against.

2. If they are all part of the same cause of action you should be able to include them all in the same case. Than it would be one filing fee. Check with your County Clerk.

3. Yes. Each would need to be served separately. If you sue a cooperation you will need to find out who their registered agent is in your state (if they are registered to do business in your state) and serve the Agent.

4. Depends on what you mean by a sample counter claim. Samples of what claims you could have against them? Or a sample answer that someone has used that includes counterclaims?

5. You will need to write a Plaintiffs opposition to Defendants MSJ. In the Opposition you will need to show that there are issues of material facts.

Summary judgment is properly granted when the evidence in support of the moving party establishes that there is no issue of material fact to be tried.

Thanks for answering most of this. I now have the following new and remaining questions:

1) If most of the parties are in the same State as me, do I still need to serve their registered agents, or can I serve them directly?

2) If they are in the same State, could I hand deliver the lawsuit?

3) In response to 4, both would be great. Seeing what someone else has done would expand my thought process beyond simply looking at the FDCPA, and FCRA for the OC.

4) In response to 5, I am thrown off on. As the defendant, I filed a "DEFENDANT'S" summary judgment with the court, but I am concerned that it might not fly.

How do I stop "my" "DEFENDANT'S" summary judgment?

The PLANTIFF already filed an opposition to my "DEFENDANT'S" MSJ, and I replied to that and then amended my MSJ to their slip-up in the opposition.

The main thing they slipped up on was calling the "PLAINTIFF" yet another party that hadn't been mentioned before.

5) The PLAINTIFF argues that there ARE material issues of fact simply because I deny the debt is mine. Is that accurate? If it is accurate, then is there a workaround?

Thanks a million!

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Thanks for answering most of this. I now have the following new and remaining questions:

1) If most of the parties are in the same State as me, do I still need to serve their registered agents, or can I serve them directly?

2) If they are in the same State, could I hand deliver the lawsuit?

3) In response to 4, both would be great. Seeing what someone else has done would expand my thought process beyond simply looking at the FDCPA, and FCRA for the OC.

4) In response to 5, I am thrown off on. As the defendant, I filed a "DEFENDANT'S" summary judgment with the court, but I am concerned that it might not fly.

How do I stop "my" "DEFENDANT'S" summary judgment?

The PLANTIFF already filed an opposition to my "DEFENDANT'S" MSJ, and I replied to that and then amended my MSJ to their slip-up in the opposition.

The main thing they slipped up on was calling the "PLAINTIFF" yet another party that hadn't been mentioned before.

5) The PLAINTIFF argues that there ARE material issues of fact simply because I deny the debt is mine. Is that accurate? If it is accurate, then is there a workaround?

Thanks a million!

1. It may depend on your state statutes. In Fl I believe you have to serve the registered agent regardless.

2. That would depend on your States rules. To my knowledge it most likely would have to be done by a process server (in FL we can use the Sheriff as well for a cost) again I think that would have to be the Registered agent but check your local rules

3. I thought you just posted in a thread that has a Answer/counterclaims. I have a pdf of one I will see if I can attach it to a PM.

4. Sorry for the confusion. If you Filed a MSJ and they filed an Opposition to your MSJ than a hearing date needs to be requested by one of you. I don't believe there is anything left to do as for stopping the Opposition MSJ. Basically you said why you should get a SJ and the Plaintiff said why you shouldn't. Than it will be up to the judge to decide.

5. If in your MSJ what did you argue? There is no debt? The Plaintiffs have no legal right to collect it? The debt is past SOL? Depending on what your MSJ says they could or could not get your MSJ denied. I would have to see it honestly. Not knowing what your motion says... I could see where they are coming from, Just because you deny it being yours doesn't mean they cant prove it is. See what I mean? You would have to have shown that it wasn't unless your MSJ was relying on something else.

For example I filed a MSJ arguing that they have not provided competent evidence that they are legally allowed to collect (Chain of assignment) and the evidence they do have is hearsay. Than they could say he "He denied the debt was his" all day long but thats not the issue at hand.

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1. It may depend on your state statutes. In Fl I believe you have to serve the registered agent regardless.

2. That would depend on your States rules. To my knowledge it most likely would have to be done by a process server (in FL we can use the Sheriff as well for a cost) again I think that would have to be the Registered agent but check your local rules

3. I thought you just posted in a thread that has a Answer/counterclaims. I have a pdf of one I will see if I can attach it to a PM.

4. Sorry for the confusion. If you Filed a MSJ and they filed an Opposition to your MSJ than a hearing date needs to be requested by one of you. I don't believe there is anything left to do as for stopping the Opposition MSJ. Basically you said why you should get a SJ and the Plaintiff said why you shouldn't. Than it will be up to the judge to decide.

5. If in your MSJ what did you argue? There is no debt? The Plaintiffs have no legal right to collect it? The debt is past SOL? Depending on what your MSJ says they could or could not get your MSJ denied. I would have to see it honestly. Not knowing what your motion says... I could see where they are coming from, Just because you deny it being yours doesn't mean they cant prove it is. See what I mean? You would have to have shown that it wasn't unless your MSJ was relying on something else.

For example I filed a MSJ arguing that they have not provided competent evidence that they are legally allowed to collect (Chain of assignment) and the evidence they do have is hearsay. Than they could say he "He denied the debt was his" all day long but thats not the issue at hand.

Thank you in response to your response...

1- answered

2- answered

3- answered

4- answered

5- I argued proper standing, no validation of debt, sworn denial of affidavit from witness although requested.

Would you care to see my motion? I could pm it, but don't want to waste your time.

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