Going to court this week.. need advice

[creditmess]

I have my 30 minutes trial this week. Colleciton agency is suing me over some crazy old credit card that I don't even know what it is.

They answered my request for documents with some printouts of screen caps from the computer. They didn't provide me with anything like signed cc application, nothing at all...Just bunch of screen shots of some software that they use...

So now, it looks like they are suing me for full amount of the debt plus attorney fees. In their complaint there was this affidavit thing signed by one of their branch managers which I know it can't really be used as evidence? Right?

My question is, can they sue me for full amount if they bought this account from other collection agency? I mean, they probably paid pennies for it. Why are they suing me for full amount?

Also, what should I tell the judge? I never been in this situation before. I did my research. The only thing I can say in my defense is that the collection agency did not show absolute evidence that this is mine! They got nothing, as far as I know, but some collection software print outs.

Can the judge really go against me even though there is no solid evidence that this is mine??? Don't they need to show something solid???

[vialna]

yes they can...and will..

did u file an answer,did u use affirmative defenses

did u read your rules of civil procedure for your state

the eveidence they provided...affadavit...can be stricken but u must have ansered that in your answer...

if i were u i would ask for a continuance and look into hiring a debt atty

at least that would give u some time

u have not posted much info that s why others arent answering

how old is this debt

is this a cc debt

when did u last pay on this

did u pull your cr. reports all 3

post more and others will help

[creditmess]

Yes..all the begning stages are done.

They filed the complaint, I answered.

They filed for admissions, I answered.

I filed for Request to produce documents, they answered

We are beyond those points already. I am not dropping the ball on anything, which I think they are hoping for. I answered their documents, and they answered mine....I had to send them a little reminder because they didn't answer first time when i send them request for documents.

Now we go to court for 30 minutes trial.

Debt is Credit Card. Last payment made somewhere in 1998? According to them. When I asked them about the phone number to the credit card company, they said they didn't have it and couldn't give me that info. I tried to look all over the internet for that credit card company and found nothing.

Yes, I have monitoring via TrueCredit. It was never on my reports, as far as I remember, and if it was long time ago, I probably disputed it and it was deleted.

I am in Ohio and from what I read, Ohio SOL on credit cards is weird.

So you are telling me that judge still can rule against me without them showing solid document that this is mine???

I am not hiring an attorney for this...

[IHateCAs]

Okay, you're in Ohio, which is a 15 year written contract state. But you say they have not provided a copy of ANY contract even a cardholder agreement?. Which means it will fall under a shorter SOLC.

Also, under Ohio law, attorneys are not eligible to recover fees on consumer debt suits if the balance is under some really high number like $100,000 or something.

[GucciMark]

I just read that a CC debt is usually considered an open account... which in Ohio the SOL is 4 years according to the site below....

That's what I read on the net. Others here may know for sure...

Also,.. check this out..http://www.acollectionagency.com/statuteoflimitations/ohio.php

Ohio Statute of Limitations

Ohio Collection Agency Laws

STATE: OHIO

Interest Rate

* Legal: 10%

* Judgment: 10%

STATUTE OF LIMITATIONS (IN YEARS)

* Open Account: 4

* Written Contract: 15

* Sales (UCC2-725) Contract:

* Domestic Judgment: 21 renew every 5

* Foreign Judgment: 21 renew every 5

BAD CHECK LAWS (CIVIL PENALTY)

The greater of $200 or three times the amount of check and attorney fees (no maximum).

GENERAL GARNISHMENT EXEMPTIONS

See federal law. Garnishment limited to once a month per employee.

[Tazjeepcj7]

Did you ask for proof that this junk debt buyer owns the account? If so, what did you receive?

[creditmess]

Ok... this is how they answered:

1. I asked to provide me with the alleged credit card application, bearing my signature.

Their Response: To be provided upon first availability

2. Credit card agrement for the credit card, listing interest rates, grace period, terms of repayment.

Their response: Fax copy of Account Cardmember Agreement. Just bunch of mumbo jumbo. You know, the regular cc agreement.

3. Itemized cc statement from the credit card showing how the whole alleged amount was calculated.

Their response: Well, they say "See response 3 but there is no document.

4. Corporate address to the cc card.

Their response: Basically told me to look at the cc agreement.

5. A contract, agreement, assignment, or other means demonstrating that Plaintiff, Asset Acceptance LLC. has the authority and capacity, and was legally entitled to collect on the alleged debt from the Defendant

Their response: Some copy of "Bill of Sale" from another collection agency.

6. A notarized statement, if presently existing or otherwise, by a person with original knowledge of the alleged debt, as it was constituted, and who can testify, or be so interrogated in a deposition, that the alleged debt was incurred legally.

Their response: Told me to look at the affidavid.

7. Any and all further documents that you believe establish that Defendant had an outstanding account or debt related to credit card account

Their response: Bunch of screen shots from some collection software. Basically showing the balance.

8.Any further documentation, beyond what has been previously requested, that clearly establishes Defendant’s liability and/or responsibility to the alleged debt.

Their response: N/A

9. Any and all credit report(s) Plaintiff obtained from any credit reporting agency concerning the Defendant

Their response: Objection. Not reasonably calculated to lead to the discovery of admissible evidence.

10. Any and all notes, memoranda, or likewise, be they handwritten,

computerized, or typed, regularly kept in the normal transaction and

business of collecting debts, that relate to the Defendant and credit card account

Their response: Some print out. It looks like a print out of the "flow" from their collection software.

11. The Plaintiff’s Articles of Incorporation

Their response: Objection

12. I asked about the itemized statement from the cell phone account that they are suing me for as well.

Their response: Just printout of their statement with the balance. Looks like it's typed in word or something.

So there is it... this is how they responded to my request for documents.

[franpat20]

1. I asked to provide me with the alleged credit card application, bearing my signature.

Their Response: To be provided upon first availability

Means They don't have it demand this

2. Credit card agrement for the credit card, listing interest rates, grace period, terms of repayment.

Their response: Fax copy of Account Cardmember Agreement. Just bunch of mumbo jumbo. You know, the regular cc agreement.

Was this signed by you if not attack it

3. Itemized cc statement from the credit card showing how the whole alleged amount was calculated.

Their response: Well, they say "See response 3 but there is no document.

Demand this

5. A contract, agreement, assignment, or other means demonstrating that Plaintiff, Asset Acceptance LLC. has the authority and capacity, and was legally entitled to collect on the alleged debt from the Defendant

Their response: Some copy of "Bill of Sale" from another collection agency.

THIS IS THE SMOKING GUN::BigGun:: You need a certified copy of this

Is this their Bill of sale? If not DEMAND THIS Where is the bill of sale from the original creditor? You need this-

6. A notarized statement, if presently existing or otherwise, by a person with original knowledge of the alleged debt, as it was constituted, and who can testify, or be so interrogated in a deposition, that the alleged debt was incurred legally.

Their response: Told me to look at the affidavid.

Attack affivadit as hearsy, this must come from a person with firsthand knowledge of the account. You need affidavit from original creditor

7. Any and all further documents that you believe establish that Defendant had an outstanding account or debt related to credit card account

Their response: Bunch of screen shots from some collection software. Basically showing the balance.

YOU NEED TO ASK THEM IN YOUR INTERROGATORIES IF THEY BOUGHT THE DEBT AFTER DEFAULT. IF THEY DID THEY CANT USE ACCOUNT STATED.

**Send out interrogatoires NOW!

Ask them for certify copies of cc agreement with your signature

You need certifiy copies of Bill of Sale from the previous owner and original creditor.

If they send you bs move for Motion to Compel

Tell judge you didn't get what you ask for

[creditmess]

oops.. posted twice.. deleting this...

[creditmess]

Well I am going to court on wednesday! I don't think I have enough time now.

The bill of sale thing is some document that says BILL OF SALE on the top middle.

Then, there are 3 signatures on it from people from the previous colection agency.

What should I tell the judge then? I can't move the date because there is not enough time. Should I tell the judge that the documents provided to me are not good?

There is nothing with my signature on anything, there is no statements, there is nothing from the OC. nothing at all...

The CC Agrement is the thing that you get when you get your card. You know, the little folded piece of paper. The one that nobody reads and signs.

Also, I did ask them for the cc application with my sig on it. They send me CC agrement LOL

[franpat20]

How did they send they mail?

Tell judge you didn't get discovery. They didn't give you what you ask for.

Tell judge they are playing games. They have no standing. You need them to fullly comply with discovery. Ask for a conference. (you are asking the court to supervise discovery)You need an adjourement. So you can file a motion to compel.

I'm not a lawyer. Seek lawyer advise

[creditmess]

Oh they just send it via regular mail.

I send it to them via CMRRR... first time... no response.. I send it 2nd time.. telling them pretty much :" Hey WTF you pricks.. here is another efing copy for your records so you can answer my damn questions..". I also send Notice of service or whatever it's called. I filed it with the court and send a copy to them... they finally send me the garbage that they did.

ef em.. I am so fed up witht this **** right now. Bloodsuckers...

[IHateCAs]

Couple questions.

On the bill of sale, is it a sales agreement from the OC to the current JDB or is it from another assignee to them?

Do they have any affidavits from the OC?

[creditmess]

The bill of sale is from another collection agency, which Asset purchased the debt from.

There is no affidavits from the OC. The affidavid that they send me is just something written in word document by Asset.

There is NOTHING from the OC.

Also, question... cell phone bill.. what type of account is that? written? contract?

[creditmess]

Anyone else??? I am going to court tomorrow!

Just want to have my ducks in a row...

[IronMan]

Sorry, I don't know when you're due in court, but I'm assuming this is passed since you said Wednesday.

T'hell with more time or motions to compel, etc. Motion to Dismiss this thing.

THE EASIEST.....research it!

The best and simpliest one would be a motion to dismiss based on their lack of standing in the court. As assignee (formal name is "assignee of record" typically) they would have to have standing to bring forth the matter in court in the first place. No Standing....No Case. You need to check you local rules of court or Civ Procedure to see if that would apply. If so, the judge will probably take your motion under submission to give them a chance to show their standing either by brief or reappearance (impossible if it's in some sort of statute!)....or dismiss it (with prejudice...hopefully) right there altogether. Judges won't automatically bring up the standing issue unless you raise the issue. That's how it is You don't ask, you don't receive. One judge in a case of mine actually raised the issue himself with the CA's 3rd party atty....that was a fun one....but rare indeed....easy win.

OR.....

You can probably motion to dismiss based on their lack of evidence and failure to provide discovery. They haven't performed their duty to respond to your discovery requests...meaning the showing of any contracts, checks, etc to show you are responsible. If you're certain, bring a blank piece or two of notepad paper and offer to provide the court with a sample signature right there if the PRICKS can submit a document into evidence which they state has your signature.

You can say something like, "In good conscience, your honor, I deny their allegation(s). I do not recollect this alleged debt, nor do I have any records of this debt. PRICKS have not performed their duty to provide proof to me that I actually own this debt. I have asked for (state what evidence you asked for, when, and how many times....and provide proof like return receipts, their letters or lack of responses, etc) and they did not give it to me. I feel that I did my due diligence and made GOOD FAITH attempts to obtain any and all evidence that PRICKS may have had which proves my responsibility to this alleged debt.

Therefore, I move that your honor dismiss this case on the grounds of lack of documentary evidence and Plantiff's failure to provide discovery.....or whatever properly summarizes your legal analysis for your motion.

NOT AN ATTORNEY....just an experienced litigator whose been in court and won.... GOOD LUCK!

[IHateCAs]

A little late now, but it looks like you have/had some good defenses. Especially assignment, since they can't say they are an assignee of OC, and produce a sales agreement between them and another JDB.

[thazallfolks]

.

YOU NEED TO ASK THEM IN YOUR INTERROGATORIES IF THEY BOUGHT THE DEBT AFTER DEFAULT. IF THEY DID THEY CANT USE ACCOUNT STATED.

Could someone please explain this statement? "After default" is that the charge off date?

Thanks

[MrNick69]

Does anybody knows the end of this?